SELECTION OF CONSULTANTS REQUEST FOR PROPOSAL · r. “Proposal” means the Technical Proposal and...

Development of National Framework for Climate Services (NFCS) 1

SELECTION OF CONSULTANTS

REQUEST FOR PROPOSAL

Selection of Consulting Services

For

DEVELOPMENT OF A NATIONAL FRAMEWORK FOR

CLIMATE SERVICES (NFCS) AND SECTORAL WORKING

GROUPS IN NEPAL

RFP No.: PPCR/DHM/S/QCBS-37

Project:

Building Resilience to Climate Related Hazards

Client

BRCH Project / Department of Hydrology and Meteorology

Country:

Nepal

Issued on: May 12, 2016

2 Development of National Framework for Climate Services (NFCS)

Section I Letter of Invitation


TABLE OF CONTENTS

PART I - Section I. Letter of Invitation ................................................................................................................. 7

Section II. Instructions to Consultants and Data Sheet ....................................................................................... 10

A. General Provisions ........................................................................................................................ 10

1. Definitions .......................................................................................................................... 10

2. Introduction ........................................................................................................................ 12

3. Conflict of Interest .............................................................................................................. 12

4. Unfair Competitive Advantage ............................................................................................ 13

5. Corrupt and Fraudulent Practices ....................................................................................... 13

6. Eligibility ............................................................................................................................. 14

B. Preparation of Proposals ............................................................................................................... 15

7. General Considerations ...................................................................................................... 15

8. Cost of Preparation of Proposal .......................................................................................... 15

9. Language ............................................................................................................................ 16

10. Documents Comprising the Proposal .................................................................................. 16

11. Only One Proposal .............................................................................................................. 16

12. Proposal Validity ................................................................................................................. 16

13. Clarification and Amendment of RFP .................................................................................. 17

14. Preparation of Proposals – Specific Considerations ............................................................ 18

15. Technical Proposal Format and Content ............................................................................. 19

16. Financial Proposal ............................................................................................................... 19

C. Submission, Opening and Evaluation............................................................................................. 19

17. Submission, Sealing, and Marking of Proposals ................................................................... 19

18. Confidentiality .................................................................................................................... 21

19. Opening of Technical Proposals .......................................................................................... 21

20. Proposals Evaluation ........................................................................................................... 22

21. Evaluation of Technical Proposals ....................................................................................... 22

22. Financial Proposals for QBS................................................................................................. 22

23. Public Opening of Financial Proposals (for QCBS, FBS, and LCS methods) ........................... 22

24. Correction of Errors ............................................................................................................ 23

25. Taxes .................................................................................................................................. 24

26. Conversion to Single Currency ............................................................................................ 24


27. Combined Quality and Cost Evaluation ............................................................................... 24

D. Negotiations and Award ................................................................................................................ 24

28. Negotiations ....................................................................................................................... 24

29. Conclusion of Negotiations ................................................................................................. 26

30. Award of Contract .............................................................................................................. 26

E. Data Sheet .................................................................................................................................... 27

Section III. Technical Proposal – Standard Forms .............................................................................................. 35

Checklist of Required Forms .................................................................................................................... 35

Form TECH-1: Technical Proposal Submission Form ................................................................................ 36

Form TECH-2 (for Simplified Technical Proposal Only) ............................................................................. 38

Form TECH-3 (for Full Technical Proposal) ............................................................................................... 39

Form TECH-4 (for Full Technical Proposal Only) ....................................................................................... 40

Form TECH-4 (for Simplified Technical Proposal Only) ............................................................................. 41

Form TECH-5 (for FTP and STP) ............................................................................................................... 42

Work Schedule and planning for deliverables .......................................................................................... 42

Form TECH-6 (for STP): Team Composition, Assignment, and Key Experts’ inputs ................................... 44

Form TECH-6: (Continued): CURRICULUM VITAE (CV) ............................................................................. 46

Section IV. Financial Proposal - Standard Forms................................................................................................ 48

Section V. Eligible Countries ............................................................................................................................. 59

Section VI. Bank Policy – Corrupt and Fraudulent Practices .............................................................................. 60

Section VII. Terms of Reference ........................................................................................................................ 62

PART II

Section VIII. Conditions of Contract and Contract Forms ................................................................................... 76



PART I



SECTION I. LETTER OF INVITATION

RFP No. PPCR/DHM/S/QCBS-37 Grant No TF 013665-NEP Loan No: TF013557

[insert: Kathmandu, May 12, 2016]

To,

………………………………....................................................…………………..

……………………………………………………………...........................................

Dear Mr./Ms.:

1. The Government of Nepal (GON) has received for financing from the International Bank for

Reconstruction and Development (IBRD),the “World Bank,” as an implementing entity of the

Strategic Climate Fund (SCF), in the form of a “loan” and “grant” toward the cost of the Pilot

Program for Climate Resilience (PPCR)-Building Resilience to Climate Related Hazards

Project. The Department of Hydrology and Meteorology (DHM), an implementing agency,

“the Client,” under the Ministry of Population and Environment (MoPE), intends to apply a

portion of the proceeds of this loan and grant to eligible payments under the contract for

which this Request for Proposals is issued. Payments by the World Bank will be made only at

the request of the GON/ DHM and upon approval by the World Bank, and will be subject, in

all respects, to the terms and conditions of the loan and grant1agreements. The loan and

grant agreements prohibit a withdrawal from the loan and grant accounts for the purpose of

any payment to persons or entities, or for any import of goods, if such payment or import, to

the knowledge of the World Bank, is prohibited by a decision of the United Nations Security

council taken under Chapter VII of the Charter of the United Nations. No party other than

the DHM shall derive any rights from the loan and grant agreements or have any claims to

the proceeds of the loan and grant

2. The Client now invites proposals to provide the following consulting services (hereinafter

called “Services”): "DEVELOPMENT OF NATIONAL FRAMEWORK FOR CLIMATE SERVICES (NFCS)

AND SECTORAL WORKING GROUPS IN NEPAL”. More details on the Services are provided in the

Terms of Reference (Section 7).

3. This Request for Proposals (RFP) has been addressed to the following shortlisted Consultants:

i. Acclimatize Group Ltd. in association with Institute for Social and Environment

Transition-Nepal and Sustainable Earth Observation System, LLC,

[email protected]

1 [ “loan agreement” term is used for IBRD loans; “financing agreement” is used for IDA credits; and “grant

agreement” is used for Recipient-Executed Trust Funds administered by IBRD or IDA]


ii. International Research Institute for Climate and Society (IRI) in association with the Himalayan Initiatives. [email protected]

iii. AFC Consultants Internationals in association with SSIL and IDS, [email protected]

iv. Met office UK in association with Practical Action Consulting, [email protected]

v. Consortium of Ramboll-Denmark, SILT, Climsystems and Geocom Nepal consult Pvt. Ltd, [email protected]

vi. Consotium of INCLAM-METEOGRID-FIC in association with Total Management Services (TMS), [email protected]

vii. Meteo France International in association with Deltares, [email protected]

It is not permissible to transfer this invitation to any other firm.

4. A firm will be selected under Quality- and Cost-Based Selection (QCBS) procedures and in a

Full Technical Proposal (FTP) format as described in this RFP, in accordance with the policies

of the Bank detailed in the Consultants’ Guidelines which can be found at the following

website: www.worldbank.org/procure.

5. The RFP includes the following documents:

Section 1 - Letter of Invitation

Section 2 - Instructions to Consultants and Data Sheet

Section 3 - Technical Proposal STP- Standard Forms

Section 4 - Financial Proposal - Standard Forms

Section 5 –Eligible Countries

Section 6 – Bank’s Policy – Corrupt and Fraudulent Practices

Section 7 - Terms of Reference

Section 8 - Standard Forms of Contract: Lump-Sum

6. Please inform us by 19-May -2016, in writing at PPCR-BRCH Project/Department of Hydrology and Meteorology, Naxal, Kathmandu, by E-mail: [email protected]; [email protected],website:www.dhm.gov.np.

(a) that you have received the Letter of Invitation; and

(b) whether you intend to submit a proposal alone or intend to enhance your experience by requesting permission to associate with other firm(s) (if permissible under Section 2, Instructions to Consultants (ITC), Data Sheet 14.1.1).

7. Details on the proposal’s submission date, time and address are provided in Clauses17.7and 17.9 of the ITC.

Yours sincerely,

Rajendra Sharma, (Chief, Procurement Unit)

Department of Hydrology and Meteorology,

http://www.worldbank.org/procure

mailto:[email protected]




Naxal, Kathmandu, Nepal

Section II Instructions of Consultants and Data Sheet


Section II. Instructions to Consultants and Data Sheet

A. General Provisions

1. Definitions a. “Affiliate(s)” means an individual or an entity that directly or

indirectly controls, is controlled by, or is under common control

with the Consultant.

b. “Applicable Guidelines” means the policies of the Bank governing

the selection and Contract award process as set forth in this RFP.

c. “Applicable Law” means the laws and any other instruments having

the force of law in the Client’s country, or in such other country as

may be specified in the Data Sheet, as they may be issued and in

force from time to time.

d. “Bank” means the International Bank for Reconstruction and

Development (IBRD) or the International Development Association

(IDA).

e. “Borrower” means the Government, Government agency or other

entity that signs the loan and grant agreement with the Bank.

f. “Client” means the implementing agency that signs the Contract

for the Services with the selected Consultant.

g. “Consultant” means a legally-established professional consulting

firm or an entity that may provide or provides the Services to the

Client under the Contract.

h. “Contract” means a legally binding written agreement signed

between the Client and the Consultant and includes all the

attached documents listed in its Clause 1 (the General Conditions

of Contract (GCC), the Special Conditions of Contract (SCC), and the

Appendices).

i. “Data Sheet” means an integral part of the Instructions to

Consultants (ITC) Section 2 that is used to reflect specific country

and assignment conditions to supplement, but not to over-write,

the provisions of the ITC.

j. “Day” means a calendar day.

k. “Experts” means, collectively, Key Experts, Non-Key Experts, or any

other personnel of the Consultant, Sub-consultant or Joint Venture

member(s).

l. “Government” means the government of the Client’s country.



m. “Joint Venture (JV)” means an association with or without a legal

personality distinct from that of its members, of more than one

Consultant where one member has the authority to conduct all

business for and on behalf of any and all the members of the JV,

and where the members of the JV are jointly and severally liable to

the Client for the performance of the Contract.

n. “Key Expert(s)” means an individual professional whose skills,

qualifications, knowledge and experience are critical to the

performance of the Services under the Contract and whose CV is

taken into account in the technical evaluation of the Consultant’s

proposal.

o. “ITC” (this Section 2 of the RFP) means the Instructions to

Consultants that Provides the shortlisted Consultants with all

information needed to prepare their Proposals.

p. “LOI” (this Section 1 of the RFP) means the Letter of Invitation

being sent by the Client to the shortlisted Consultants.

q. “Non-Key Expert(s)” means an individual professional provided by

the Consultant or its Sub-consultant and who is assigned to

perform the Services or any part thereof under the Contract and

whose CVs are not evaluated individually.

r. “Proposal” means the Technical Proposal and the Financial

Proposal of the Consultant.

s. “RFP” means the Request for Proposals to be prepared by the

Client for the selection of Consultants, based on the SRFP.

t. “SRFP” means the Standard Request for Proposals, which must be

used by the Client as the basis for the preparation of the RFP.

u. “Services” means the work to be performed by the Consultant

pursuant to the Contract.

v. “Sub-consultant” means an entity to whom the Consultant intends

to subcontract any part of the Services while remaining responsible

to the Client during the performance of the Contract.

w. “TORs” (this Section 7 of the RFP) means the Terms of Reference

that explain the objectives, scope of work, activities, and tasks to

be performed, respective responsibilities of the Client and the

Consultant, and expected results and deliverables of the

assignment.



2. Introduction 2.1 The Client named in the Data Sheet intends to select a Consultant

from those listed in the Letter of Invitation, in accordance with the

method of selection specified in the Data Sheet.

2.2 The shortlisted Consultants are invited to submit a Technical

Proposal and a Financial Proposal, or a Technical Proposal only, as

specified in the Data Sheet, for consulting services required for the

assignment named in the Data Sheet. The Proposal will be the

basis for negotiating and ultimately signing the Contract with the

selected Consultant.

2.3 The Consultants should familiarize themselves with the local

conditions and take them into account in preparing their Proposals,

including attending a pre-proposal conference if one is specified in

the Data Sheet. Attending any such pre-proposal conference is

optional and is at the Consultants’ expense.

2.4 The Client will timely provide, at no cost to the Consultants, the

inputs, relevant project data, and reports required for the

preparation of the Consultant’s Proposal as specified in the Data

Sheet.

3. Conflict of Interest

3.1 The Consultant is required to provide professional, objective, and

impartial advice, at all times holding the Client’s interests

paramount, strictly avoiding conflicts with other assignments or its

own corporate interests, and acting without any consideration for

future work.

3.2 The Consultant has an obligation to disclose to the Client any

situation of actual or potential conflict that impacts its capacity to

serve the best interest of its Client. Failure to disclose such

situations may lead to the disqualification of the Consultant or the

termination of its Contract and/or sanctions by the Bank.

3.2.1 Without limitation on the generality of the foregoing, the

Consultant shall not be hired under the circumstances set

forth below:

a. Conflicting

activities

(i) Conflict between consulting activities and procurement of goods,

works or non-consulting services: a firm that has been engaged by

the Client to provide goods, works, or non-consulting services for a

project, or any of its Affiliates, shall be disqualified from providing

consulting services resulting from or directly related to those

goods, works, or non-consulting services. Conversely, a firm hired



to provide consulting services for the preparation or

implementation of a project, or any of its Affiliates, shall be

disqualified from subsequently providing goods or works or non-

consulting services resulting from or directly related to the

consulting services for such preparation or implementation.

b. Conflicting

assignments

(ii) Conflict among consulting assignments: a Consultant (including its

Experts and Sub-consultants) or any of its Affiliates shall not be

hired for any assignment that, by its nature, may be in conflict with

another assignment of the Consultant for the same or for another

Client.

c. Conflicting

relationships

(iii) Relationship with the Client’s staff: a Consultant (including its

Experts and Sub-consultants) that has a close business or family

relationship with a professional staff of the Borrower (or of the

Client, or of implementing agency, or of a recipient of a part of the

Bank’s financing)who are directly or indirectly involved in any part

of (i) the preparation of the Terms of Reference for the assignment,

(ii) the selection process for the Contract, or (iii) the supervision of

the Contract, may not be awarded a Contract, unless the conflict

stemming from this relationship has been resolved in a manner

acceptable to the Bank throughout the selection process and the

execution of the Contract.

4. Unfair Competitive Advantage

4.1 Fairness and transparency in the selection process require that the

Consultants or their Affiliates competing for a specific assignment

do not derive a competitive advantage from having provided

consulting services related to the assignment in question. To that

end, the Client shall indicate in the Data Sheet and make available

to all shortlisted Consultants together with this RFP all information

that would in that respect give such Consultant any unfair

competitive advantage over competing Consultants.

5. Corrupt and Fraudulent Practices

5.1 The Bank requires compliance with its policy in regard to corrupt

and fraudulent practices as set forth in Section 6.

5.2 In further pursuance of this policy, Consultant shall permit and

shall cause its agents, Experts, Sub-consultants, sub-contractors,

services providers, or suppliers to permit the Bank to inspect all

accounts, records, and other documents relating to the submission

of the Proposal and contract performance (in case of an award),

and to have them audited by auditors appointed by the Bank.



6. Eligibility 6.1 The Bank permits consultants (individuals and firms, including Joint

Ventures and their individual members) from all countries to offer

consulting services for Bank-financed projects.

6.2 Furthermore, it is the Consultant’s responsibility to ensure that its

Experts, joint venture members, Sub-consultants, agents (declared

or not), sub-contractors, service providers, suppliers and/or their

employees meet the eligibility requirements as established by the

Bank in the Applicable Guidelines.

6.3 As an exception to the foregoing Clauses 6.1 and 6.2 above:

a. Sanctions 6.3.1 A firm or an individual sanctioned by the Bank in

accordance with the above Clause 5.1 or in accordance

with “Anti-Corruption Guidelines” shall be ineligible to be

awarded a Bank-financed contract, or to benefit from a

Bank-financed contract, financially or otherwise, during

such period of time as the Bank shall determine. The list of

debarred firms and individuals is available at the electronic

address specified in the Data Sheet.

b. Prohibitions 6.3.2 Firms and individuals of a country or goods manufactured

in a country may be ineligible if so indicated in Section 5

(Eligible Countries) and:

(a) as a matter of law or official regulations, the Borrower’s

country prohibits commercial relations with that country,

provided that the Bank is satisfied that such exclusion does

not preclude effective competition for the provision of

Services required; or

(b) by an act of compliance with a decision of the United Nations

Security Council taken under Chapter VII of the Charter of the

United Nations, the Borrower’s Country prohibits any import

of goods from that country or any payments to any country,

person, or entity in that country.

c. Restrictions for

Government-

owned

Enterprises

6.3.3 Government-owned enterprises or institutions in the

Borrower’s country shall be eligible only if they can

establish that they (i) are legally and financially

autonomous, (ii) operate under commercial law, and (iii)

that they are not dependent agencies of the Client

To establish eligibility, the government-owned enterprise

or institution should provide all relevant documents

(including its charter) sufficient to demonstrate that it is a



legal entity separate from the government; it does not

currently receive any substantial subsidies or budget

support; it is not obligated to pass on its surplus to the

government; it can acquire rights and liabilities, borrow

funds, and can be liable for repayment of debts and be

declared bankrupt; and it is not competing for a contract

to be awarded by the government department or agency

which, under the applicable laws or regulations, is its

reporting or supervisory authority or has the ability to

exercise influence or control over it.

d. Restrictions for

public employees

6.3.4 Government officials and civil servants of the Borrower’s

country are not eligible to be included as Experts in the

Consultant’s Proposal unless such engagement does not

conflict with any employment or other laws, regulations,

or policies of the Borrower’s country, and they

(i) are on leave of absence without pay, or have resigned or

retired;

(ii) are not being hired by the same agency they were

working for before going on leave of absence without

pay, resigning, or retiring

(in case of resignation or retirement, for a period of at

least 6 (six) months, or the period established by

statutory provisions applying to civil servants or

government employees in the Borrower’s country,

whichever is longer. Experts who are employed by the

government-owned universities, educational or research

institutions are not eligible unless they have been full

time employees of their institutions for a year or more

prior to being included in Consultant’s Proposal.; and

(iii) their hiring would not create a conflict of interest.

B. Preparation of Proposals

7. General Considerations

7.1 In preparing the Proposal, the Consultant is expected to examine

the RFP in detail. Material deficiencies in providing the information

requested in the RFP may result in rejection of the Proposal.

8. Cost of Preparation of Proposal

8.1 The Consultant shall bear all costs associated with the preparation

and submission of its Proposal, and the Client shall not be

responsible or liable for those costs, regardless of the conduct or

outcome of the selection process. The Client is not bound to accept



any proposal, and reserves the right to annul the selection process

at any time prior to Contract award, without thereby incurring any

liability to the Consultant.

9. Language 9.1 The Proposal, as well as all correspondence and documents

relating to the Proposal exchanged between the Consultant and

the Client, shall be written in the language(s) specified in the Data

Sheet.

10. Documents Comprising the Proposal

10.1 The Proposal shall comprise the documents and forms listed in the

Data Sheet.

10.2 If specified in the Data Sheet, the Consultant shall include a

statement of an undertaking of the Consultant to observe, in

competing for and executing a contract, the Client country’s laws

against fraud and corruption (including bribery).

10.3 The Consultant shall furnish information on commissions,

gratuities, and fees, if any, paid or to be paid to agents or any other

party relating to this Proposal and, if awarded, Contract execution,

as requested in the Financial Proposal submission form (Section 4).

11. Only One Proposal

11.1 The Consultant (including the individual members of any Joint

Venture) shall submit only one Proposal, either in its own name or

as part of a Joint Venture in another Proposal. If a Consultant,

including any Joint Venture member, submits or participates in

more than one proposal, all such proposals shall be disqualified

and rejected. This does not, however, preclude a Sub-consultant,

or the Consultant’s staff from participating as Key Experts and Non-

Key Experts in more than one Proposal when circumstances justify

and if stated in the Data Sheet.

12. Proposal Validity 12.1 The Data Sheet indicates the period during which the Consultant’s

Proposal must remain valid after the Proposal submission deadline.

12.2 During this period, the Consultant shall maintain its original

Proposal without any change, including the availability of the Key

Experts, the proposed rates and the total price.

12.3 If it is established that any Key Expert nominated in the

Consultant’s Proposal was not available at the time of Proposal

submission or was included in the Proposal without his/her

confirmation, such Proposal shall be disqualified and rejected for

further evaluation, and may be subject to sanctions in accordance

with Clause 5 of this ITC.



a. Extension of

Validity

Period

12.4 The Client will make its best effort to complete the negotiations

within the proposal’s validity period. However, should the need

arise, the Client may request, in writing, all Consultants who

submitted Proposals prior to the submission deadline to extend the

Proposals’ validity.

12.5 If the Consultant agrees to extend the validity of its Proposal, it

shall be done without any change in the original Proposal and with

the confirmation of the availability of the Key Experts.

12.6 The Consultant has the right to refuse to extend the validity of its

Proposal in which case such Proposal will not be further evaluated.

b. Substitution

of Key

Experts at

Validity

Extension

12.7 If any of the Key Experts become unavailable for the extended

validity period, the Consultant shall provide a written adequate

justification and evidence satisfactory to the Client together with

the substitution request. In such case, a replacement Key Expert

shall have equal or better qualifications and experience than those

of the originally proposed Key Expert. The technical evaluation

score, however, will remain to be based on the evaluation of the

CV of the original Key Expert.

12.8 If the Consultant fails to provide a replacement Key Expert with

equal or better qualifications, or if the provided reasons for the

replacement or justification are unacceptable to the Client, such

Proposal will be rejected with the prior Bank’s no objection.

c. Sub-

Contracting

12.9 The Consultant shall not subcontract the whole of the Services.

13. Clarification and

Amendment of

RFP

13.1 The Consultant may request a clarification of any part of the RFP

during the period indicated in the Data Sheet before the Proposals’

submission deadline. Any request for clarification must be sent in

writing, or by standard electronic means, to the Client’s address

indicated in the Data Sheet. The Client will respond in writing, or by

standard electronic means, and will send written copies of the

response (including an explanation of the query but without

identifying its source) to all shortlisted Consultants. Should the Client

deem it necessary to amend the RFP as a result of a clarification, it

shall do so following the procedure described below:

13.1.1 At any time before the proposal submission deadline, the

Client may amend the RFP by issuing an amendment in

writing or by standard electronic means. The amendment

shall be sent to all shortlisted Consultants and will be

binding on them. The shortlisted Consultants shall

acknowledge receipt of all amendments in writing.



13.1.2 If the amendment is substantial, the Client may extend the

proposal submission deadline to give the shortlisted

Consultants reasonable time to take an amendment into

account in their Proposals.

13.2 The Consultant may submit a modified Proposal or a modification

to any part of it at any time prior to the proposal submission

deadline. No modifications to the Technical or Financial Proposal

shall be accepted after the deadline.

14. Preparation of Proposals – Specific Considerations

14.1 While preparing the Proposal, the Consultant must give particular

attention to the following:

14.1.1 If a shortlisted Consultant considers that it may enhance

its expertise for the assignment by associating with other

consultants in the form of a Joint Venture or as Sub-

consultants, it may do so with either (a) non-shortlisted

Consultant(s), or (b) shortlisted Consultants if permitted in

the Data Sheet. In all such cases a shortlisted Consultant

must obtain the written approval of the Client prior to the

submission of the Proposal. When associating with non-

shortlisted firms in the form of a joint venture or a sub-

consultancy, the shortlisted Consultant shall be a lead

member. If shortlisted Consultants associate with each

other, any of them can be a lead member.

14.1.2 The Client may indicate in the Data Sheet the estimated

Key Experts’ time input (expressed in person-month) or

the Client’s estimated total cost of the assignment, but not

both. This estimate is indicative and the Proposal shall be

based on the Consultant’s own estimates for the same.

14.1.3 If stated in the Data Sheet, the Consultant shall include in its

Proposal at least the same time input (in the same unit as

indicated in the Data Sheet) of Key Experts, failing which the

Financial Proposal will be adjusted for the purpose of

comparison of proposals and decision for award in

accordance with the procedure in the Data Sheet.

14.1.4 For assignments under the Fixed-Budget selection

method, the estimated Key Experts’ time input is not

disclosed. Total available budget, with an indication

whether it is inclusive or exclusive of taxes, is given in the

Data Sheet, and the Financial Proposal shall not exceed

this budget.



15. Technical Proposal Format and Content

15.1 The Technical Proposal shall not include any financial information.

A Technical Proposal containing material financial information shall

be declared non-responsive.

15.1.1 Consultant shall not propose alternative Key Experts. Only

one CV shall be submitted for each Key Expert position.

Failure to comply with this requirement will make the

Proposal non-responsive.

15.2 Depending on the nature of the assignment, the Consultant is

required to submit a Full Technical Proposal (FTP), or a Simplified

Technical Proposal (STP) as indicated in the Data Sheet and using

the Standard Forms provided in Section 3 of the RFP.

16. Financial Proposal 16.1 The Financial Proposal shall be prepared using the Standard

Forms provided in Section 4 of the RFP. It shall list all costs

associated with the assignment, including (a) remuneration for Key

Experts and Non-Key Experts, (b) reimbursable expenses indicated

in the Data Sheet.

a. Price

Adjustment

16.2 For assignments with a duration exceeding 18 months, a price

adjustment provision for foreign and/or local inflation for

remuneration rates applies if so stated in the Data Sheet.

b. Taxes 16.3 The Consultant and its Sub-consultants and Experts are responsible

for meeting all tax liabilities arising out of the Contract unless

stated otherwise in the Data Sheet. Information on taxes in the

Client’s country is provided in the Data Sheet.

c. Currency of

Proposal

16.4 The Consultant may express the price for its Services in the

currency or currencies as stated in the Data Sheet. If indicated in

the Data Sheet, the portion of the price representing local cost

shall be stated in the national currency.

d. Currency of

Payment

16.5 Payment under the Contract shall be made in the currency or

currencies in which the payment is requested in the Proposal.

C. Submission, Opening and Evaluation

17. Submission, Sealing, and Marking of Proposals

17.1 The Consultant shall submit a signed and complete Proposal

comprising the documents and forms in accordance with Clause

10 (Documents Comprising Proposal). The submission can be

done by mail or by hand. If specified in the Data Sheet, the

Consultant has the option of submitting its Proposals

electronically.



17.2 An authorized representative of the Consultant shall sign the

original submission letters in the required format for both the

Technical Proposal and, if applicable, the Financial Proposal and

shall initial all pages of both. The authorization shall be in the

form of a written power of attorney attached to the Technical

Proposal.

17.2.1 A Proposal submitted by a Joint Venture shall be signed

by all members so as to be legally binding on all

members, or by an authorized representative who has a

written power of attorney signed by each member’s

authorized representative.

17.3 Any modifications, revisions, interlineations, erasures, or

overwriting shall be valid only if they are signed or initialed by

the person signing the Proposal.

17.4 The signed Proposal shall be marked “ORIGINAL”, and its copies

marked “COPY” as appropriate. The number of copies is indicated

in the Data Sheet. All copies shall be made from the signed

original. If there are discrepancies between the original and the

copies, the original shall prevail.

17.5 The original and all the copies of the Technical Proposal shall be

placed inside of a sealed envelope clearly marked “TECHNICAL

PROPOSAL”, “[Name of the Assignment]“, reference number,

name and address of the Consultant, and with a warning “DO

NOT OPEN UNTIL[INSERT THE DATE AND THE TIME OF THE TECHNICAL

PROPOSAL SUBMISSION DEADLINE].”

17.6 Similarly, the original Financial Proposal (if required for the

applicable selection method) shall be placed inside of a sealed

envelope clearly marked “FINANCIAL PROPOSAL” followed by the

name of the assignment, reference number, name and address

of the Consultant, and with a warning “DO NOT OPEN WITH THE

TECHNICAL PROPOSAL.”

17.7 The sealed envelopes containing the Technical and Financial

Proposals shall be placed into one outer envelope and sealed.

This outer envelope shall bear the submission address, RFP

reference number, the name of the assignment, Consultant’s

name and the address, and shall be clearly marked “DO NOT

OPEN BEFORE [insert the time and date of the submission deadline

indicated in the Data Sheet]”.



17.8 If the envelopes and packages with the Proposal are not sealed

and marked as required, the Client will assume no responsibility

for the misplacement, loss, or premature opening of the

Proposal.

17.9 The Proposal or its modifications must be sent to the address

indicated in the Data Sheet and received by the Client no later

than the deadline indicated in the Data Sheet, or any extension

to this deadline. Any Proposal or its modification received by the

Client after the deadline shall be declared late and rejected, and

promptly returned unopened.

18. Confidentiality 18.1 From the time the Proposals are opened to the time the

Contract is awarded, the Consultant should not contact the

Client on any matter related to its Technical and/or Financial

Proposal. Information relating to the evaluation of Proposals

and award recommendations shall not be disclosed to the

Consultants who submitted the Proposals or to any other party

not officially concerned with the process, until the publication of

the Contract award information.

18.2 Any attempt by shortlisted Consultants or anyone on behalf of

the Consultant to influence improperly the Client in the

evaluation of the Proposals or Contract award decisions may

result in the rejection of its Proposal, and may be subject to the

application of prevailing Bank’s sanctions procedures.

18.3 Notwithstanding the above provisions, from the time of the

Proposals’ opening to the time of Contract award publication, if

a Consultant wishes to contact the Client or the Bank on any

matter related to the selection process, it should do so only in

writing.

19. Opening of Technical

Proposals

19.1 The Client’s evaluation committee shall conduct the opening of

the Technical Proposals in the presence of the shortlisted

Consultants’ authorized representatives who choose to attend

(in person, or online if this option is offered in the Data Sheet).

The opening date, time and the address are stated in the Data

Sheet. The envelopes with the Financial Proposal shall remain

sealed and shall be securely stored with a reputable public

auditor or independent authority until they are opened in

accordance with Clause 23 of the ITC.



19.2 At the opening of the Technical Proposals the following shall be

read out: (i) the name and the country of the Consultant or, in

case of a Joint Venture, the name of the Joint Venture, the name

of the lead member and the names and the countries of all

members; (ii) the presence or absence of a duly sealed envelope

with the Financial Proposal; (iii) any modifications to the

Proposal submitted prior to proposal submission deadline; and

(iv) any other information deemed appropriate or as indicated in

the Data Sheet.

20. Proposals Evaluation 20.1 Subject to provision of Clause 15.1 of the ITC, the evaluators of

the Technical Proposals shall have no access to the Financial

Proposals until the technical evaluation is concluded and the

Bank issues its “no objection”, if applicable.

20.2 The Consultant is not permitted to alter or modify its Proposal in

any way after the proposal submission deadline except as

permitted under Clause 12.7 of this ITC. While evaluating the

Proposals, the Client will conduct the evaluation solely on the

basis of the submitted Technical and Financial Proposals.

21. Evaluation of

Technical Proposals

21.1 The Client’s evaluation committee shall evaluate the Technical

Proposals on the basis of their responsiveness to the Terms of

Reference and the RFP, applying the evaluation criteria, sub-

criteria, and point system specified in the Data Sheet. Each

responsive Proposal will be given a technical score. A Proposal

shall be rejected at this stage if it does not respond to important

aspects of the RFP or if it fails to achieve the minimum technical

score indicated in the Data Sheet.

22. Financial Proposals

for QBS

22.1 Following the ranking of the Technical Proposals, when the

selection is based on quality only (QBS), the top-ranked

Consultant is invited to negotiate the Contract.

22.2 If Financial Proposals were invited together with the Technical

Proposals, only the Financial Proposal of the technically top-

ranked Consultant is opened by the Client’s evaluation

committee. All other Financial Proposals are returned unopened

after the Contract negotiations are successfully concluded and

the Contract is signed.

23. Public Opening of

Financial Proposals

(for QCBS, FBS, and

LCS methods)

23.1 After the technical evaluation is completed and the Bank has issued its no objection (if applicable), the Client shall notify those Consultants whose Proposals were considered non-responsive to the RFP and TOR or did not meet the minimum qualifying technical score (and shall provide information relating to the Consultant’s overall technical score, as well as scores



obtained for each criterion and sub-criterion) that their Financial Proposals will be returned unopened after completing the selection process and Contract signing. The Client shall simultaneously notify in writing those Consultants that have achieved the minimum over all technical score and inform them of the date, time and location for the opening of the Financial Proposals. The opening date should allow the Consultants sufficient time to make arrangements for attending the opening. The Consultant’s attendance at the opening of the Financial Proposals (in person, or online if such option is indicated in the Data Sheet) is optional and is at the Consultant’s choice.

23.2 The Financial Proposals shall be opened by the Client’s evaluation committee in the presence of the representatives of those Consultants whose proposals have passed the minimum technical score. At the opening, the names of the Consultants, and the overall technical scores, including the break-down by criterion, shall be read aloud. The Financial Proposals will then be inspected to confirm that they have remained sealed and unopened. These Financial Proposals shall be then opened, and the total prices read aloud and recorded. Copies of the record shall be sent to all Consultants who submitted Proposals and to the Bank.

24. Correction of Errors 24.1 Activities and items described in the Technical Proposal but not priced in the Financial Proposal, shall be assumed to be included in the prices of other activities or items, and no corrections are made to the Financial Proposal.

a. Time-Based

Contracts

24.1.1 If a Time-Based contract form is included in the RFP, the Client’s evaluation committee will (a) correct any computational or arithmetical errors, and (b) adjust the prices if they fail to reflect all inputs included for the respective activities or items in the Technical Proposal. In case of discrepancy between (i) a partial amount (sub-total) and the total amount, or (ii) between the amount derived by multiplication of unit price with quantity and the total price, or (iii) between words and figures, the former will prevail. In case of discrepancy between the Technical and Financial Proposals in indicating quantities of input, the Technical Proposal prevails and the Client’s evaluation committee shall correct the quantification indicated in the Financial Proposal so as to make it consistent with that indicated in the Technical Proposal, apply the relevant unit price included in the Financial Proposal to the corrected quantity, and correct the total Proposal cost.



b. Lump-Sum Contracts

24.2 If a Lump-Sum contract form is included in the RFP, the

Consultant is deemed to have included all prices in the Financial

Proposal, so neither arithmetical corrections nor price

adjustments shall be made. The total price, net of taxes

understood as per Clause ITC25 below, specified in the Financial

Proposal (Form FIN-1) shall be considered as the offered price.

25. Taxes 25.1 The Client’s evaluation of the Consultant’s Financial Proposal

shall exclude taxes and duties in the Client’s country in

accordance with the instructions in the Data Sheet.

26. Conversion to Single

Currency

26.1 For the evaluation purposes, prices shall be converted to a single

currency using the selling rates of exchange, source and date

indicated in the Data Sheet.

27. Combined Quality

and Cost Evaluation

a. Quality- and Cost-

Based Selection

(QCBS)

27.1 In the case of QCBS, the total score is calculated by weighting

the technical and financial scores and adding them as per the

formula and instructions in the Data Sheet. The Consultant

achieving the highest combined technical and financial score will

be invited for negotiations.

b. Fixed-Budget

Selection(FBS) 27.2 In the case of FBS, those Proposals that exceed the budget

indicated in Clause14.1.4 of the Data Sheet shall be rejected.

27.3 The Client will select the Consultant that submitted the highest-

ranked Technical Proposal that does not exceed the budget

indicated in the RFP, and invite such Consultant to negotiate the

Contract.

c. Least-Cost Selection 27.4 In the case of Least-Cost Selection (LCS), the Client will select the

Consultant with the lowest evaluated total price among those

consultants that achieved the minimum technical score, and

invite such Consultant to negotiate the Contract.

D. Negotiations and Award

28. Negotiations 28.1 The negotiations will be held at the date and address indicated

in the Data Sheet with the Consultant’s representative(s) who

must have written power of attorney to negotiate and sign a

Contract on behalf of the Consultant.

28.2 The Client shall prepare minutes of negotiations that are signed

by the Client and the Consultant’s authorized representative.



a. Availability of Key Experts

28.3 The invited Consultant shall confirm the availability of all Key

Experts included in the Proposal as a pre-requisite to the

negotiations, or, if applicable, a replacement in accordance with

Clause 12 of the ITC. Failure to confirm the Key Experts’

availability may result in the rejection of the Consultant’s

Proposal and the Client proceeding to negotiate the Contract

with the next-ranked Consultant.

28.4 Notwithstanding the above, the substitution of Key Experts at

the negotiations may be considered if due solely to

circumstances outside the reasonable control of and not

foreseeable by the Consultant, including but not limited to

death or medical incapacity. In such case, the Consultant shall

offer a substitute Key Expert within the period of time specified

in the letter of invitation to negotiate the Contract, who shall

have equivalent or better qualifications and experience than the

original candidate.

b. Technical negotiations 28.5 The negotiations include discussions of the Terms of Reference

(TORs), the proposed methodology, the Client’s inputs, the

special conditions of the Contract, and finalizing the

“Description of Services” part of the Contract. These discussions

shall not substantially alter the original scope of services under

the TOR or the terms of the contract, lest the quality of the final

product, its price, or the relevance of the initial evaluation be

affected.

c. Financial negotiations

28.6 The negotiations include the clarification of the Consultant’s tax

liability in the Client’s country and how it should be reflected in

the Contract.

28.7 If the selection method included cost as a factor in the

evaluation, the total price stated in the Financial Proposal for a

Lump-Sum contract shall not be negotiated.

28.8 In the case of a Time-Based contract, unit rates negotiations

shall not take place, except when the offered Key Experts and

Non-Key Experts’ remuneration rates are much higher than the

typically charged rates by consultants in similar contracts. In

such case, the Client may ask for clarifications and, if the fees

are very high, ask to change the rates after consultation with the

Bank.



The format for (i) providing information on remuneration rates

in the case of Quality Based Selection; and (ii) clarifying

remuneration rates’ structure under Clause 28.8 above, is

provided in Appendix A to the Financial Form FIN-3: Financial

Negotiations – Breakdown of Remuneration Rates.

29. Conclusion of Negotiations

29.1 Thenegotiations are concluded with a review of the finalized

draft Contract, which then shall be initialed by the Client and the

Consultant’s authorized representative.

29.2 If the negotiations fail, the Client shall inform the Consultant in

writing of all pending issues and disagreements and provide a

final opportunity to the Consultant to respond. If disagreement

persists, the Client shall terminate the negotiations informing

the Consultant of the reasons for doing so. After having

obtained the Bank’s no objection, the Client will invite the next-

ranked Consultant to negotiate a Contract. Once the Client

commences negotiations with the next-ranked Consultant, the

Client shall not reopen the earlier negotiations.

30. Award of Contract 30.1 After completing the negotiations the Client shall obtain the

Bank’s no objection to the negotiated draft Contract, if

applicable; sign the Contract; publish the award information as

per the instructions in the Data Sheet; and promptly notify the

other shortlisted Consultants.

30.2 The Consultant is expected to commence the assignment on the

date and at the location specified in the Data Sheet.



Instructions to Consultants

E. Data Sheet

A. General

1 (c) Client’s country: Nepal

2.1 Name of the Client: BRCH Project, Department of Hydrology and Meteorology,

Kathmandu, Nepal.

Method of selection: QCBS

Applicable Guidelines: Selection and Employment of Consultants under IBRD

Loans and IDA Credits & Grants by World Bank Borrowers, dated January 2011

available on www.worldbank.org/procure

2.2 Financial Proposal to be submitted together with Technical Proposal:

Yes

The name of the assignment is: DEVELOPMENT OF A NATIONAL FRAMEWORK

FOR CLIMATE SERVICES (NFCS) AND SECTORAL WORKING GROUPS IN NEPAL

2.3 A pre-proposal conference will be held: Yes

Date of pre-proposal conference: 23/05/2016 Time: 11.00 AM (NST)

Address: Department of Hydrology and Meteorology

Building Resilience to Climate Related Hazards Project,

Procurement Unit, Nagpokhari, Naxal,

Floor/ Room number: First Floor

City: Kathmandu Country: : Nepal

Telephone: :+977-1-4433563/4436272

E-mail: [email protected]

Contact person/conference coordinator:

Mr. Saraju Baidya, Assistant Project Director, BRCH Project

2.4 The Client will provide the following inputs, project data, reports, etc. to

facilitate the preparation of the Proposals: As per TOR

http://www.worldbank.org/procure




4.1 Not applicable

6.3.1 A list of debarred firms and individuals is available at the Bank’s external

website: www.worldbank.org/debarr

B. Preparation of Proposals

9.1 This RFP has been issued in the English language.

Proposals shall be submitted in English language.

All correspondence exchange shall be in English language.

10.1 The Proposal shall comprise the following:

For FULL TECHNICAL PROPOSAL (FTP):

1st Inner Envelope with the Technical Proposal:

Power of Attorney to sign the Proposal

(1) TECH-1

(2) TECH-2

(3) TECH-3

(4) TECH-4

(5) TECH-5

(6) TECH-6

AND

2nd Inner Envelope with the Financial Proposal (if applicable):

(1) FIN-1

(2) FIN-2

(3) FIN-3

(4) FIN-4

(5) Statement of Undertaking (if required under Data Sheet 10.2 below)

10.2 Statement of Undertaking is required

Yes

http://www.worldbank.org/debarr



11.1 Participation of Sub-consultants, Key Experts and Non-Key Experts in more than

one Proposal is permissible: Yes

12.1 Proposals must remain valid for 120 (One Hundred Twenty) calendar days after

the original proposal submission deadline.

13.1 Clarifications may be requested no later than 15 days (fifteen) prior to the

submission deadline.

The contact information for requesting clarifications is:

Mr. Rajendra Sharma,

(Chief Procurement Unit)

Department of Hydrology and Meteorology





Telephone: :+977-1-4433472/4436272


14.1.1

Shortlisted Consultants may associate with

(a) non-shortlisted consultant(s): Yes

Or

(b) other shortlisted Consultants: No

14.1.2

(do not use for

Fixed Budget

method)

Estimated input of Key Experts’ time-input: 12 person-months.

14.1.3

for time-based

contracts only

“Not applicable”




14.1.4 and

27.2

use for Fixed

Budget

method

“Not applicable”

15.2 The format of the Technical Proposal to be submitted is: FTP

Submission of the Technical Proposal in a wrong format may lead to the Proposal

being deemed non-responsive to the RFP requirements.

16.1

A sample list is provided below for guidance. Items that are not applicable should

be deleted, others may be added. If the Client wants to set up maximum ceilings

for unit rates of certain type of expenses, such ceilings should be indicated in the

FIN forms:

(1) a per diem allowance, including hotel, for experts for every day of absence

from the home office for the purposes of the Services;

(2) cost of travel by the most appropriate means of transport and the most

direct practicable route;

(3) cost of office accommodation, including overheads and back-stop support;

(Office spaces at basins shall be provided by DHM)

(4) communications costs;

(5) cost of purchase or rent or freight of any equipment required to be provided

by the Consultants;

(6) cost of reports production (including printing) and delivering to the Client;

(7) other allowances where applicable and provisional or fixed sums (if any)]

(8) [insert relevant type of expenses, if/as applicable]

16.2 A price adjustment provision applies to remuneration rates: No

16.3 “Information on the Consultant’s tax obligations in the Client’s country can be

found : Department of Inland Revenue, Lazimpat, Kathmandu, Nepal

url: www.ird.gov.np



16.4 The Financial Proposal shall be stated in the following currencies:

Consultant may express the price for their Services in any fully convertible

currency, singly or in combination of up to three foreign currencies.

The Financial Proposal should state local costs in the Client’s country currency

(local currency): Yes

C. Submission, Opening and Evaluation

17.1 The Consultants shall not have the option of submitting their Proposals

electronically.

17.4

The Consultant must submit:

(a) Technical Proposal: one (1) original and two (2) copies;

(b) Financial Proposal: one (1) original.

17.7 and 17.9

The Proposals must be submitted no later than:

Date: 12/06/2016

Time12:00 hours local time (NST)

The Proposal submission address is:


Building Resilience to Climate Related Hazards Project

Procurement Unit, Nagpokhari, Naxal, Kathmandu

19.1 An online option of the opening of the Technical Proposals is offered: No

The opening shall take place at: “same as the Proposal submission address”

Date: same as the submission deadline indicated in 17.7.

Time:

19.2 In addition, the following information will be read aloud at the opening of the

Technical Proposals: Not Applicable



21.1

(for FTP)

Criteria, sub-criteria, and point system for the evaluation of the Full Technical

Proposals:

Points

(i) Specific experience of the Consultant (as a firm) relevant to the Assignment:

[0]

(ii) Adequacy and quality of the proposed methodology, and work plan in

responding to the Terms of Reference (TORs): [35]

{Notes to Consultant: The Client will assess whether the proposed methodology is

clear, responds to the TORs, work plan is realistic and implementable; overall

team composition is balanced and has an appropriate skills mix; and the work

plan has right input of Experts}

a. Methodology

b. Responsiveness to the TOR

c. Work Plan

d. Team Composition and skill mix

(iii) Key Experts’ qualifications and competence for the Assignment:

{Notes to Consultant: each position number corresponds to the same for the Key

Experts in Form TECH-6 to be prepared by the Consultant}

International

a) Position K-1: Team Leader/ International climate service expert, (Minimum

M.Sc in meteorology, to work as climate service or climate research and

experience in GFCS with experience in NFCS ) [40]

National

b) Position K-2: National climate expert [20]

Total points for criterion (iii): [60]

The number of points to be assigned to each of the above positions shall be

determined considering the following three sub-criteria and relevant

percentage weights:

1) General qualifications (general education, training, and experience):

15% (percent).

2) Adequacy for the Assignment(relevant education, training, experience

in the sector/similar assignments ):75% (percent)



3) [If relevant to the task, add the 3d sub-criterion: Relevant experience

in the region (working level fluency in local language(s)/knowledge of

local culture or administrative system, government organization, etc.):

10% (percent).

Total weight: 100%

(iv) Transfer of knowledge (training) program (relevance of approach and

methodology):

Total points for criterion (iv): [05]

(v) Participation by nationals among proposed Key Experts [0]

Total points for the five criteria: 100

...............................................................................................................................

The minimum technical score (St) required to pass is: 70

21.1

[for STP]

Not Applicable

23.1 An online option of the opening of the Financial Proposals is offered: No

25.1 For the purpose of the evaluation, the Client will exclude: (a) all local identifiable

indirect taxes such as sales tax, excise tax, VAT, or similar taxes levied on the

contract’s invoices; and (b) all additional local indirect tax on the remuneration of

services rendered by non-resident experts in the Client’s country. If a Contract is

awarded, at Contract negotiations, all such taxes will be discussed, finalized

(using the itemized list as a guidance but not limiting to it) and added to the

Contract amount as a separate line, also indicating which taxes shall be paid by

the Consultant and which taxes are withheld and paid by the Client on behalf of

the Consultant.

26.1

The single currency for the conversion of all prices expressed in various

currencies into a single one is: Nepalese Rupees (NPR)

The official source of the selling (exchange) rate is: Nepal Rastra Bank;

www.nrb.org.np

The date of the exchange rate is: 28 days prior to original date of RFP

submission.



27.1

(QCBS only)

The lowest evaluated Financial Proposal (Fm) is given the maximum financial

score (Sf) of 100.

The formula for determining the financial scores (Sf) of all other Proposals is

calculated as following:

Sf = 100 x Fm/ F, in which “Sf” is the financial score, “Fm” is the lowest price, and

“F” the price of the proposal under consideration.

The weights given to the Technical (T) and Financial (P) Proposals are:

T = 80 and

P = 20

Proposals are ranked according to their combined technical (St) and financial (Sf)

scores using the weights (T = the weight given to the Technical Proposal; P = the

weight given to the Financial Proposal; T + P = 1) as following: S = St x T% + Sf x

P%.

D. Negotiations and Award

28.1 Expected date and address for contract negotiations:

Date: 15/ 08 / 2016

Address: Department of Hydrology and Meteorology,


Procurement Unit, Nagpokhari, Naxal, Kathmandu

30.1 The publication of the contract award information following the completion of

the contract negotiations and contract signing will be done in the following

websites;

UNDB

dhm.gov.np

The publication will be done within 15 days after the contract signing.

30.2 Expected date for the commencement of the Services:

Date: 30/ 08/ 2016 at: Department of Hydrology and Meteorology, Nagpokhari,

Naxal, Kathmandu

Section III Technical Proposal - Standard Forms


Section III. Technical Proposal – Standard Forms

{Notes to Consultant shown in brackets { } throughout Section 3 provide guidance to the

Consultant to prepare the Technical Proposal; they should not appear on the Proposals to be

submitted.}

Checklist of Required Forms

Required for FTP or STP

(√)

FORM DESCRIPTION Page Limit

FTP STP

√ √ TECH-1 Technical Proposal Submission Form.

“√ “ If applicable

TECH-1 Attachment

If the Proposal is submitted by a joint venture, attach a letter of intent or a copy of an existing agreement.

“√” If applicable

Power of Attorney

No pre-set format/form. In the case of a Joint Venture, several are required: a power of attorney for the authorized representative of each JV member, and a power of attorney for the representative of the lead member to represent all JV members

√ TECH-2 Consultant’s Organization and Experience.

√ TECH-2A A. Consultant’s Organization

√ TECH-2B B. Consultant’s Experience

√ TECH-3 Comments or Suggestions on the Terms of Reference and on Counterpart Staff and Facilities to be provided by the Client.

√ TECH-3A A. On the Terms of Reference

√ TECH-3B B. On the Counterpart Staff and Facilities

√ √ TECH-4 Description of the Approach, Methodology, and Work Plan for Performing the Assignment

√ √ TECH-5 Work Schedule and Planning for Deliverables

√ √ TECH-6 Team Composition, Key Experts Inputs, and attached Curriculum Vitae (CV)

All pages of the original Technical and Financial Proposal shall be initialed by the same

authorized representative of the Consultant who signs the Proposal.



Form TECH-1

Technical Proposal Submission Form

Kathmandu, xx/xx/2016

To:



Project Management Unit, Nagpokhari, Naxal, Kathmandu

Dear Sirs:

We, the undersigned, offer to provide the consulting services for “DEVELOPMENT OF A NATIONAL

FRAMEWORK FOR CLIMATE SERVICES (NFCS) AND SECTORAL WORKING GROUPS IN NEPAL” in accordance with

your Request for Proposals dated [Insert Date] and our Proposal. Quality and Cost Based selection

(QCBS) Method: “We are hereby submitting our Proposal, which includes this Technical Proposal

and a Financial Proposal sealed in a separate envelope”

{If the Consultant is a joint venture, insert the following: We are submitting our Proposal a joint

venture with: {Insert a list with full name and the legal address of each member, and indicate the

lead member}.We have attached a copy {insert: “of our letter of intent to form a joint venture” or,

if a JV is already formed, “of the JV agreement”} signed by every participating member, which

details the likely legal structure of and the confirmation of joint and severable liability of the

members of the said joint venture.

{OR

If the Consultant’s Proposal includes Sub-consultants, insert the following: We are submitting our

Proposal with the following firms as Sub-consultants: {Insert a list with full name and address of

each Sub-consultant.}

We hereby declare that:

(a) All the information and statements made in this Proposal are true and we accept that

any misinterpretation or misrepresentation contained in this Proposal may lead to our

disqualification by the Client and/or may be sanctioned by the Bank.

(b) Our Proposal shall be valid and remain binding upon us for the period of time specified

in the Data Sheet, Clause 12.1.

(c) We have no conflict of interest in accordance with ITC 3.

(d) We meet the eligibility requirements as stated in ITC 6, and we confirm our

understanding of our obligation to abide by the Bank’s policy in regard to corrupt and

fraudulent practices as per ITC 5.



(e) We, along with any of our sub-consultants, subcontractors, suppliers, or service

providers for any part of the contract, are not subject to, and not controlled by any

entity or individual that is subject to, a temporary suspension or a debarment imposed

by a member of the World Bank Group or a debarment imposed by the World Bank

Group in accordance with the Agreement for Mutual Enforcement of Debarment

Decisions between the World Bank and other development banks. Further, we are not

ineligible under the Employer’s country laws or official regulations or pursuant to a

decision of the United Nations Security Council;

(f) [Note to Client: Only if required in ITC10.2 (Data Sheet 10.2), include the following: In

competing for (and, if the award is made to us, in executing) the Contract, we

undertake to observe the laws against fraud and corruption, including bribery, in force

in the country of the Client.]

(g) Except as stated in the Data Sheet, Clause 12.1, we undertake to negotiate a Contract

on the basis of the proposed Key Experts. We accept that the substitution of Key

Experts for reasons other than those stated in ITC Clause 12 and ITC Clause 28.4 may

lead to the termination of Contract negotiations.

(h) Our Proposal is binding upon us and subject to any modifications resulting from the

Contract negotiations.

We undertake, if our Proposal is accepted and the Contract is signed, to initiate the Services

related to the assignment no later than the date indicated in Clause 30.2 of the Data Sheet.

We understand that the Client is not bound to accept any Proposal that the Client receives.

We remain,

Yours sincerely,

Authorized Signature {In full and initials}:___________________________ __________

Name and Title of Signatory: ___________________________ __________

Name of Consultant (company’s name or JV’s name): ___________________________

In the capacity of: ___________________________ ______________________

Address: ___________________________ _________________________________

Contact information (phone and e-mail): ___________________________

{For a joint venture, either all members shall sign or only the lead member, in which case the power of attorney to sign on behalf of all members shall be attached}



Form TECH-2 (for Simplified Technical Proposal Only)

Consultant’s Organization and Experience

Form TECH-2: a brief description of the Consultant’s organization and an outline of the recent

experience of the Consultant that is most relevant to the assignment. In the case of a joint

venture, information on similar assignments shall be provided for each partner. For each

assignment, the outline should indicate the names of the Consultant’s Key Experts and Sub-

consultants who participated, the duration of the assignment, the contract amount (total and, if it

was done in a form of a joint venture or a sub-consultancy, the amount paid to the Consultant),

and the Consultant’s role/involvement.

A - Consultant’s Organization

1. Provide here a brief description of the background and organization of your company, and –

in case of joint venture – of each member for this assignment.

2. Include organizational chart, a list of Board of Directors, and beneficial ownership

B - Consultant’s Experience

1. List only previous similar assignments successfully completed in the last[.....]years.

2. List only those assignments for which the Consultant was legally contracted by the Client as

a company or was one of the joint venture partners. Assignments completed by the

Consultant’s individual experts working privately or through other consulting firms cannot be

claimed as the relevant experience of the Consultant, or that of the Consultant’s partners or

sub-consultants, but can be claimed by the Experts themselves in their CVs. The Consultant

should be prepared to substantiate the claimed experience by presenting copies of relevant

documents and references if so requested by the Client.

Duration

Assignment name/& brief description of main

deliverables/outputs

Name of Client & Country of Assignment

Approx. Contract value (in US$ equivalent)/

Amount paid to your firm

Role on the Assignment

{e.g., Jan.2009– Apr.2010}

{e.g., “Improvement quality of...............”:

designed master plan for rationalization of ........; }

{e.g., Ministry of ......, country}

{e.g., US$1 mill/US$0.5 mill}

{e.g., Lead partner in a JV

A&B&C}

{e.g., Jan-May 2008}

{e.g., “Support to sub-national government.....”:

drafted secondary level regulations on..............}

{e.g., municipality

of........., country}

{e.g., US$0.2 mil/US$0.2 mil}

{e.g., sole Consultant}



Form TECH-3 (for Full Technical Proposal)

Comments and Suggestions on the Terms of Reference, Counterpart

Staff, and Facilities to be Provided by the Client

Form TECH-3: comments and suggestions on the Terms of Reference that could improve the

quality/effectiveness of the assignment; and on requirements for counterpart staff and facilities,

which are provided by the Client, including: administrative support, office space, local

transportation, equipment, data, etc.

A - On the Terms of Reference

{Improvements to the Terms of Reference, if any}

B - On Counterpart Staff and Facilities

{Comments on counterpart staff and facilities to be provided by the Client. For example,

administrative support, office space, local transportation, equipment, data, background reports,

etc., if any}



Form TECH-4 (for Full Technical Proposal Only)

Description of Approach, Methodology, and Work Plan in Responding to

the Terms of Reference

Form TECH-4: a description of the approach, methodology and work plan for performing the

assignment, including a detailed description of the proposed methodology and staffing for

training, if the Terms of Reference specify training as a specific component of the assignment.

{Suggested structure of your Technical Proposal (in FTP format):

a. Technical Approach and Methodology

b. Work Plan

c. Organization and Staffing}

a) Technical Approach and Methodology. {Please explain your understanding of the objectives

of the assignment as outlined in the Terms of Reference (TORs), the technical approach, and

the methodology you would adopt for implementing the tasks to deliver the expected

output(s), and the degree of detail of such output. Please do not repeat/copy the TORs in

here.}

b) Work Plan. {Please outline the plan for the implementation of the main activities/tasks of

the assignment, their content and duration, phasing and interrelations, milestones (including

interim approvals by the Client), and tentative delivery dates of the reports. The proposed

work plan should be consistent with the technical approach and methodology, showing your

understanding of the TOR and ability to translate them into a feasible working plan. A list of

the final documents (including reports) to be delivered as final output(s) should be included

here. The work plan should be consistent with the Work Schedule Form.}

c) Organization and Staffing. {Please describe the structure and composition of your team,

including the list of the Key Experts, Non-Key Experts and relevant technical and

administrative support staff.}



Form TECH-4 (for Simplified Technical Proposal Only)

Description of Approach, Methodology, and Work Plan for Performing

the Assignment

Form TECH-4: a description of the approach, methodology, and work plan for performing the

assignment, including a detailed description of the proposed methodology and staffing for

training, if the Terms of Reference specify training as a specific component of the assignment.

{Suggested structure of your Technical Proposal}

a) Technical Approach, Methodology, and Organization of the Consultant’s team. {Please

explain your understanding of the objectives of the assignment as outlined in the Terms of

Reference (TOR), the technical approach, and the methodology you would adopt for

implementing the tasks to deliver the expected output(s); the degree of detail of such

output; and describe the structure and composition of your team. Please do not repeat/copy

the TORs in here.}

b) Work Plan and Staffing. {Please outline the plan for the implementation of the main

activities/tasks of the assignment, their content and duration, phasing and interrelations,

milestones (including interim approvals by the Client), and tentative delivery dates of the

reports. The proposed work plan should be consistent with the technical approach and

methodology, showing understanding of the TOR and ability to translate them into a feasible

working plan and work schedule showing the assigned tasks for each expert. A list of the

final documents (including reports) to be delivered as final output(s) should be included

here. The work plan should be consistent with the Work Schedule Form.}

c) Comments (on the TOR and on counterpart staff and facilities)

{Your suggestions should be concise and to the point, and incorporated in your Proposal.

Please also include comments, if any, on counterpart staff and facilities to be provided by

the Client. For example, administrative support, office space, local transportation,

equipment, data, background reports, etc.}



Form TECH-5 (for FTP and STP)

Work Schedule and planning for deliverables

N° Deliverables 1 (D-..)

Months

1 2 3 4 5 6 7 8 9 ..... n TOTAL

D-1 {e.g., Deliverable #1: Report A

1) Data collection

2) Drafting

3) Inception report

4) Incorporating comments

5) .........................................

6) Delivery of final report to Client}



D-2 {e.g., Deliverable #2:...............}

n

1 List the deliverables with the breakdown for activities required to produce them and other benchmarks such as the Client’s approvals.

For phased assignments, indicate the activities, delivery of reports, and benchmarks separately for each phase.

2 Duration of activities shall be indicated in a form of a bar chart.

3. Include a legend, if necessary, to help read the chart.



Form TECH-6 (for STP)

Team Composition, Assignment, and Key Experts’ inputs

N° Name Expert’s input (in person/month) per each Deliverable (listed in TECH-5)

Total time-input

(in Months)

Position D-1 D-2 D-3 ........ D-... Home Field Total

KEY EXPERTS

K-1 {e.g., Mr. Abbbb} [Team

Leader]

[Home] [2 month] [1.0] [1.0]

[Field] [0.5 m] [2.5] [0]

K-2

K-3

n

Subtotal



NON-KEY EXPERTS

N-1

[Home]

[Field]

N-2

n

Subtotal

Total

1 For Key Experts, the input should be indicated individually for the same positions as required under the Data Sheet ITC21.1.

2 Months are counted from the start of the assignment/mobilization. One (1) month equals twenty two (22) working (billable) days.

One working (billable) day shall be not less than eight (8) working (billable) hours.

3 “Home” means work in the office in the expert’s country of residence. “Field” work means work carried out in the Client’s country or

any other country outside the expert’s country of residence.

Full time input

Part time input



Form TECH-6

(Continued)

CURRICULUM VITAE (CV)

Position Title and No. {e.g., K-1, TEAM LEADER}

Name of Expert: {Insert full name}

Date of Birth: {day/month/year}

Country of Citizenship/Residence

Education: {List college/university or other specialized education, giving names of educational

institutions, dates attended, degree(s)/diploma(s) obtained}

________________________________________________________________________

________________________________________________________________________

Employment record relevant to the assignment: {Starting with present position, list in reverse

order. Please provide dates, name of employing organization, titles of positions held, types of

activities performed and location of the assignment, and contact information of previous clients

and employing organization(s) who can be contacted for references. Past employment that is not

relevant to the assignment does not need to be included.}

Period

Employing organization and your

title/position. Contact in for

references

Country

Summary of activities

performed relevant to the

Assignment

[e.g., May

2005-

present]

[e.g., Ministry of ……,

advisor/consultant to…

For references: Tel…………/e-

mail……; Mr. Hbbbbb, deputy

minister]

Membership in Professional Associations and Publications:

______________________________________________________________________

Language Skills (indicate only languages in which you can work): ______________

______________________________________________________________________



Adequacy for the Assignment:

Detailed Tasks Assigned on Consultant’s

Team of Experts:

Reference to Prior Work/Assignments that

Best Illustrates Capability to Handle the

Assigned Tasks

{List all deliverables/tasks as in TECH- 5 in

which the Expert will be involved)

Expert’s contact information: (e-mail…………………., phone……………)

Certification:

I, the undersigned, certify that to the best of my knowledge and belief, this CV correctly describes

myself, my qualifications, and my experience, and I am available to undertake the assignment in

case of an award. I understand that any misstatement or misrepresentation described herein may

lead to my disqualification or dismissal by the Client, and/or sanctions by the Bank.

{day/month/year}

Name of Expert Signature Date

{day/month/year}

Name of authorized Signature Date

Representative of the Consultant

(The same who signs the Proposal)

Section IV Financial Proposal - Standard Forms


Section IV. Financial Proposal - Standard Forms

{Notes to Consultant shown in brackets { } provide guidance to the Consultant to prepare the

Financial Proposals; they should not appear on the Financial Proposals to be submitted.}

Financial Proposal Standard Forms shall be used for the preparation of the Financial Proposal

according to the instructions provided in Section 2.

FIN-1 Financial Proposal Submission Form

FIN-2 Summary of Costs

FIN-3 Breakdown of Remuneration, including Appendix A “Financial Negotiations -

Breakdown of Remuneration Rates” in the case of QBS method

FIN-4 Reimbursable expenses



Form FIN-1

Financial Proposal Submission Form

Kathmandu, xx-xx- 2016

To:



Nagpokhari, Naxal, Kathmandu

Dear Sirs:

We, the undersigned, offer to provide the consulting services for “DEVELOPMENT OF A NATIONAL

FRAMEWORK FOR CLIMATE SERVICES (NFCS) AND SECTORAL WORKING GROUPS IN NEPAL” in accordance with

your Request for Proposal dated [Insert Date] and our Technical Proposal.

Our attached Financial Proposal is for the amount of {Indicate the corresponding to the amount(s)

currency(ies)}{Insert amount(s) in words and figures}, [Insert “including” or “excluding”] of all

indirect local taxes in accordance with Clause 25.1 in the Data Sheet. The estimated amount of

local indirect taxes is {Insert currency} {Insert amount in words and figures} which shall be

confirmed or adjusted, if needed, during negotiations. {Please note that all amounts shall be the

same as in Form FIN-2}.

Our Financial Proposal shall be binding upon us subject to the modifications resulting from

Contract negotiations, up to expiration of the validity period of the Proposal, i.e. before the date

indicated in Clause 12.1 of the Data Sheet.

Commissions and gratuities paid or to be paid by us to an agent or any third party relating to

preparation or submission of this Proposal and Contract execution, paid if we are awarded the

Contract, are listed below:

Name and Address of Agents Amount and Currency Purpose of Commission or

Gratuity

__________________________ __________________________ __________________________

__________________________ __________________________ __________________________



{If no payments are made or promised, add the following statement: “No commissions or

gratuities have been or are to be paid by us to agents or any third party relating to this Proposal

and Contract execution.”}

We understand you are not bound to accept any Proposal you receive.

We remain,

Yours sincerely,

Authorized Signature {In full and initials}: _________________________________

Name and Title of Signatory: ___________________________________________

In the capacity of: ______________________________________________________

Address: ______________________________________________________

E-mail: _______________ ______________________________________________________

{For a joint venture, either all members shall sign or only the lead member/consultant, in which

case the power of attorney to sign on behalf of all members shall be attached}



FORM FIN-2 Summary of Costs

Item

Cost

{Consultant must state the proposed Costs in accordance with Clause 16.4 of the Data

Sheet; delete columns which are not used}

{Insert Foreign

Currency # 1}

{Insert Foreign

Currency # 2, if used}

{Insert Foreign

Currency # 3,if used}

{Insert

Local Currency, if

used and/or required

(16.4 Data Sheet}

Cost of the Financial Proposal

Including:

1. Remuneration

2. Reimbursable

Total Cost of the Financial Proposal:

{Should match the amount in Form FIN-1}

Indirect Local Tax Estimates – to be discussed and finalized at the negotiations if the Contract is awarded

{insert type of tax. e.g., VAT or sales tax}

{e.g., income tax on non-resident experts}

{insert type of tax}

Total Estimate for Indirect Local Tax:

Footnote: Payments will be made in the currency(ies) expressed above (Reference to ITC 16.4).



Form FIN-3 Breakdown of Remuneration

When used for Lump-Sum contract assignment, information to be provided in this Form shall only be used to demonstrate the basis for the

calculation of the Contract’s ceiling amount; to calculate applicable taxes at contract negotiations; and, if needed, to establish payments to the

Consultant for possible additional services requested by the Client. This Form shall not be used as a basis for payments under Lump-Sum contracts

A. Remuneration

No. Name Position (as in

TECH-6)

Person-month Remuneration

Rate

Time Input in Person/Month

(from TECH-6)

{Currency # 1- as in FIN-

2}

{Currency # 2- as in FIN-

2}

{Currency# 3- as in FIN-2}

{Local Currency- as

in FIN-2}

Key Experts

K-1

[Home]

[Field]

K-2

Non-Key Experts

N-1

[Home]

N-2 [Field]

Total Costs



Appendix A. Financial Negotiations - Breakdown of Remuneration Rates

1. Review of Remuneration Rates

1.1 The remuneration rates are made up of salary or a base fee, social costs, overheads,

profit, and any premium or allowance that may be paid for assignments away from

headquarters or a home office. An attached Sample Form can be used to provide a

breakdown of rates.

1.2 If the RFP requests submission of a technical proposal only, the Sample Form is used by

the selected Consultant to prepare for the negotiations of the Contract. If the RFP

requests submission of the financial proposal, the Sample Form shall be completed and

attached to the Financial Form-3. Agreed (at the negotiations) breakdown sheets shall

form part of the negotiated Contract and included in its Appendix D or C.

1.3 At the negotiations the firm shall be prepared to disclose its audited financial

statements for the last three years, to substantiate its rates, and accept that its

proposed rates and other financial matters are subject to scrutiny. The Client is

charged with the custody of government funds and is expected to exercise prudence in

the expenditure of these funds.

1.4 Rate details are discussed below:

i. Salary is the gross regular cash salary or fee paid to the individual in the firm’s

home office. It shall not contain any premium for work away from headquarters

or bonus (except where these are included by law or government regulations).

ii. Bonuses are normally paid out of profits. To avoid double counting, any bonuses

shall not normally be included in the “Salary” and should be shown separately.

Where the Consultant’s accounting system is such that the percentages of social

costs and overheads are based on total revenue, including bonuses, those

percentages shall be adjusted downward accordingly. Where national policy

requires that 13 months’ pay be given for 12 months’ work, the profit element

need not be adjusted downward. Any discussions on bonuses shall be supported

by audited documentation, which shall be treated as confidential.

iii. Social Charges are the costs of non-monetary benefits and may include, inter alia,

social security (including pension, medical, and life insurance costs) and the cost

of a paid sick and/or annual leave. In this regard, a paid leave during public

holidays or an annual leave taken during an assignment if no Expert’s replacement

has been provided is not considered social charges.

iv. Cost of Leave. The principles of calculating the cost of total days leave per annum

as a percentage of basic salary is normally calculated as follows:



Leave cost as percentage of salary = s] - v-ph - w- [365

100 x leave days total

Where w = weekends, ph = public holidays, v = vacation, and s = sick leave.

Please note that leave can be considered as a social cost only if the Client is not

charged for the leave taken.

v. Overheads are the Consultant’s business costs that are not directly related to the

execution of the assignment and shall not be reimbursed as separate items under the

Contract. Typical items are home office costs (non-billable time, time of senior

Consultant’s staff monitoring the project, rent of headquarters’ office, support staff,

research, staff training, marketing, etc.), the cost of Consultant’s personnel not

currently employed on revenue-earning projects, taxes on business activities, and

business promotion costs. During negotiations, audited financial statements, certified

as correct by an independent auditor and supporting the last three years’ overheads,

shall be available for discussion, together with detailed lists of items making up the

overheads and the percentage by which each relates to basic salary. The Client does

not accept an add-on margin for social charges, overhead expenses, etc. for Experts

who are not permanent employees of the Consultant. In such case, the Consultant

shall be entitled only to administrative costs and a fee on the monthly payments

charged for sub-contracted Experts.

vi. Profit is normally based on the sum of the Salary, Social costs, and Overheads. If any

bonuses paid on a regular basis are listed, a corresponding reduction shall be made in

the profit amount. Profit shall not be allowed on travel or any other reimbursable

expenses.

vii. Away from Home Office Allowance or Premium or Subsistence Allowances. Some

Consultants pay allowances to Experts working away from headquarters or outside of

the home office. Such allowances are calculated as a percentage of salary (or a fee)

and shall not draw overheads or profit. Sometimes, by law, such allowances may draw

social costs. In this case, the amount of this social cost shall still be shown under social

costs, with the net allowance shown separately.

UNDP standard rates for the particular country may be used as reference to determine

subsistence allowances.



Sample Form

Consultant: Country:

Assignment: Date:

Consultant’s Representations Regarding Costs and Charges

We hereby confirm that:

(a) The basic fees indicated in the attached table are taken from the firm’s payroll records and

reflect the current rates of the Experts listed which have not been raised other than within

the normal annual pay increase policy as applied to all the Consultant’s Experts;

(b) Attached are true copies of the latest pay slips of the Experts listed;

(c) The away- from-home office allowances indicated below are those that the Consultant has

agreed to pay for this assignment to the Experts listed;

(d) The factors listed in the attached table for social charges and overhead are based on the

firm’s average cost experiences for the latest three years as represented by the firm’s

financial statements; and

(e) Said factors for overhead and social charges do not include any bonuses or other means of

profit-sharing.

_______________________________

[Name of Consultant]

Signature of Authorized Representative Date

Name: _______________________________

Title: _______________________________




(Model Form I)

(Expressed in {insert name of currency*})

Personnel 1 2 3 4 5 6 7 8

Name Position

Basic

Remuneration

Rate per

Working

Month/ Day/

Year

Social

Charges1 Overhead1 Subtotal Profit2

Away from

Home Office

Allowance

Proposed Fixed

Rate per Working

Month/ Day/

Hour

Proposed Fixed

Rate per Working

Month/ Day/

Hour1

Home Office

Client’s Country

{* If more than one currency is used, use additional table(s), one for each currency}

1. Expressed as percentage of 1





(Model Form I)

(Expressed in {insert name of currency*})

Personnel 1 2 3 4 5 6 7 8

Name Position

Basic Remuneration

Rate per Working

Month/Day/Year

Social Charges1

Overhead1 Subtotal Profit2

Away from Home Office

Allowance

Proposed Fixed Rate per Working

Month/Day/Hour

Proposed Fixed Rate per Working Month/Day/Hour1

Home Office

Client’s Country

{* If more than one currency is used, use additional table(s), one for each currency}





Form FIN-4 Breakdown of Reimbursable Expenses

When used for Lump-Sum contract assignment, information to be provided in this Form shall only be used to demonstrate the basis for

calculation of the Contract ceiling amount, to calculate applicable taxes at contract negotiations and, if needed, to establish payments to the

Consultant for possible additional services requested by the Client. This form shall not be used as a basis for payments under Lump-Sum

contracts

B. Reimbursable Expenses

N° Type of Reimbursable Expenses Unit Unit Cost Quantity {Currency # 1- as in

FIN-2}

{Currency # 2- as in

FIN-2}

{Currency# 3- as in

FIN-2}

{Local Currency- as

in FIN-2}

{e.g., Per diem allowances**} {Day}

{e.g., International flights} {Ticket}

{e.g., In/out airport transportation} {Trip}

{e.g., Communication costs between

Insert place and Insert place}

{ e.g., reproduction of reports}

{e.g., Office rent}

....................................

{Training of the Client’s personnel –

if required in TOR}

Total Costs

Legend:

“Per diem allowance” is paid for each night the expert is required by the Contract to be away from his/her usual place of residence. Client

can set up a ceiling.

Section V Eligible Countries


Section V. Eligible Countries

In reference to ITC6.3.2, for the information of shortlisted Consultants, at the present time firms,

goods and services from the following countries are excluded from this selection:

Under the ITC 6.3.2 (a): __none______________[list country/countries following approval by the

Bank to apply the restriction or state “none”]

Under the ITC 6.3.2 (b): ____none____________[list country/countries or indicate “none”]

Section VI Corrupt and Fraudulent Practices


Section VI. Bank Policy – Corrupt and Fraudulent Practices

(this Section 6 shall not be modified)

Guidelines for Selection and Employment of Consultants under IBRD Loans and IDA Credits

&Grants by World Bank Borrowers, dated January 2011:

“Fraud and Corruption

1.23 It is the Bank’s policy to require that Borrowers (including beneficiaries of Bank loans),

consultants, and their agents (whether declared or not), sub-contractors, sub-consultants, service

providers, or suppliers, and any personnel thereof, observe the highest standard of ethics during

the selection and execution of Bank-financed contracts [footnote: In this context, any action taken

by a consultant or any of its personnel, or its agents, or its sub-consultants, sub-contractors,

services providers, suppliers, and/or their employees, to influence the selection process or

contract execution for undue advantage is improper.]. In pursuance of this policy, the Bank:

(a) defines, for the purposes of this provision, the terms set forth below as follows:

i. “corrupt practice” is the offering, giving, receiving, or soliciting, directly or indirectly, of

anything of value to influence improperly the actions of another party2;

ii. “fraudulent practice” is any act or omission, including misrepresentation, that

knowingly or recklessly misleads, or attempts to mislead, a party to obtain financial or

other benefit or to avoid an obligation3;

iii. “collusive practices” is an arrangement between two or more parties designed to

achieve an improper purpose, including to influence improperly the actions of another

party4;

iv. “coercive practices” is impairing or harming, or threatening to impair or harm, directly

2 For the purpose of this sub-paragraph, “another party” refers to a public official acting in relation to the selection

process or contract execution. In this context “public official” includes World Bank staff and employees of other

organizations taking or reviewing selection decisions.

3 For the purpose of this sub-paragraph, “party” refers to a public official; the terms “benefit” and “obligation”

relate to the selection process or contract execution; and the “act or omission” is intended to influence the

selection process or contract execution.

4 For the purpose of this sub-paragraph, “parties” refers to participants in the procurement or selection process

(including public officials) attempting either themselves, or through another person or entity not participating in

the procurement or selection process, to simulate competition or to establish prices at artificial, non-competitive

levels, or are privy to each other’s bid prices or other conditions.



or indirectly, any party or the property of the party to influence improperly the actions of a party5;

v. “obstructive practice” is

(aa) deliberately destroying, falsifying, altering, or concealing of evidence material to the investigation or making false statements to investigators in order to materially impede a Bank investigation into allegations of a corrupt, fraudulent, coercive, or collusive practice; and/or threatening, harassing, or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation, or

(bb) acts intended to materially impede the exercise of the Bank’s inspection and audit

rights;

(b) will reject a proposal for award if it determines that the consultant recommended for award or any of its personnel, or its agents, or its sub-consultants, sub-contractors, services providers, suppliers, and/or their employees, has, directly or indirectly, engaged in corrupt, fraudulent, collusive, coercive, or obstructive practices in competing for the contract in question;

(c) will declare misprocurement and cancel the portion of the Loan allocated to a contract if it determines at any time that representatives of the Borrower or of a recipient of any part of the proceeds of the Loan were engaged in corrupt, fraudulent, collusive, coercive, or obstructive practices during the selection process or the implementation of the contract in question, without the Borrower having taken timely and appropriate action satisfactory to the Bank to address such practices when they occur, including by failing to inform the Bank in a timely manner they knew of the practices;

(d) will sanction a firm or an individual at any time, in accordance with prevailing Bank’s

sanctions procedures6, including by publicly declaring such firm or an ineligible, either

indefinitely or for a stated period of time: (i) to be awarded a Bank-financed contract, and (ii)

to be a nominated7 sub-consultant, supplier, or service provider of an otherwise eligible firm

being awarded a Bank-financed contract.

5 For the purpose of this sub-paragraph, “party” refers to a participant in the selection process or contract execution.

6 A firm or an individual may be declared ineligible to be awarded a Bank-financed contract upon (i) completion of the Bank’s sanctions proceedings as per its sanctions procedures, including inter alia: cross-debarment as agreed with other International Financial Institutions, including Multilateral Development Banks, and through the application of the World Bank Group corporate administrative procurement sanctions procedures for fraud and corruption; and (ii) as a result of temporary suspension or early temporary suspension in connection with an ongoing sanctions proceedings. See footnote 12 and paragraph 8 of Appendix 1 of these Guidelines.

7 A nominated sub-consultant, supplier, or service provider is one which has been either (i) included by the consultant in its proposal because it brings specific and critical experience and know-how that are accounted for in the technical evaluation of the consultant’s proposal for the particular services; or (ii) appointed by the Borrower.

Section VII Terms of Reference


Section VII. Terms of Reference

CONSULTANCY SERVICE SUPPORT TO DEVELOPMENT OF NATIONAL

FRAMEWORK FOR CLIMATE SERVICES AND SUPPORT TO SECTORAL

WORK GROUPS

(Contract ID No: PPCR/DHM/S/QCBS-37)

1. Introduction

This Term of Reference (ToR) is for a consulting firm to lead to the development of a

National Framework for Climate Services (NFCS) in Nepal. During this assignment the

consultant will carry out national consultations with stakeholders and potential users of

climate services in collaboration with the Department of Hydrology and Meteorology (DHM)

and moderate the early steps of sectoral working groups to contribute to the NFCS. The

consultant shall also generate the climate service products for 3 key priority sectors of

Nepal. The final outcome of the assignment is a detailed Action plan for NFCS, which DHM

and sectoral stakeholders are committed to, including some climate service products.

Sustainability of the outcome is essential and the consult is to plan and provide training to

the DHM key climate service experts to be able to continue the work after the assignment.

The consultations on NFCS are to be carried out in consultation with World Meteorological

Organization (WMO) and follow the guidelines of WMO to develop the NFCS.

2. Background

2.1 Pilot Program for Climate Resilience – Building Resilience to Climate Related

Hazards

Nepal is the fourth most climate-vulnerable country8 in the world, because of its challenging

topography, poor and resource-dependent population and weak institutional capacity.

Therefore Nepal is selected to be one of the countries for Pilot Program for Climate

Resilience (PPCR) administered by Asian Development Bank, The International Finance

Corporation and The World Bank. [9,10]

The project Building Resilience to Climate Related Hazards (BRCH)11 is one of the projects

8 http://maplecroft.com/about/news/ccvi.html

9 https://www.climateinvestmentfunds.org/cifnet/?q=country/nepal

10 http://ppcr.moste.gov.np/

11 http://www.worldbank.org/projects/P127508/building-resilience-climate-related-hazards?lang=en

http://maplecroft.com/about/news/ccvi.html

https://www.climateinvestmentfunds.org/cifnet/?q=country/nepal

http://ppcr.moste.gov.np/

http://www.worldbank.org/projects/P127508/building-resilience-climate-related-hazards?lang=en



funded through PPCR. The objective of BRCH-project is to enhance government capacity to

mitigate climate related hazards by improving the accuracy and timeliness of weather and

flood forecasts and warnings for climate vulnerable communities, as well as developing

agricultural management information systems services to help farmers mitigate climate

related production risks.

The project comprises four components as briefly described below.

A. Institutional strengthening, capacity building and implementation support of DHM;

B. Modernization of observation networks and forecasting;

C. Enhancement of the service delivery system of DHM; and

D. Creation of an agriculture management information system (AMIS).

Component A: Institutional strengthening, capacity building and implementation support of

DHM - This component aims to develop and /or strengthen DHM’s legal and

regulatory frameworks, improve institutional performance as the main

provider of weather, climate and hydrological information for the nation,

build capacity of personnel and management, ensure operability of the

future networks, and support project implementation.

Component B: Modernization of the observation networks and forecasting - This

component aims to modernize DHM observation networks, communication

and ICT systems, improve hydro meteorological numerical prediction

systems and refurbish DHM offices and facilities.

Component C: Enhancement of the service delivery system of DHM - The objective of this

component is to enhance the service delivery system of DHM by creating a

public weather service that provides weather and impact forecasts, and

information services for climate-vulnerable communities and the key

weather dependent sectors of economy.

Sub-Component C.4 is Establishment of a National Climate Service. This ToR

is specifically target to its’ part C.4.2. Support for the development of a

National Framework for Climate Services and sectoral working groups.

Component D: Creation of an agriculture management information system (AMIS) - The

objective of this component is to provide critical and timely agro-climate and

weather information to farmers in order to increase productivity and reduce

losses from meteorological and hydrological hazards.

2.2 Framework for Climate Services at global and national level

The Global Framework for Climate Services (GFCS)12 was established in 2009 at the Third

Climate Conference. The vision of the GFCS is "to enable better management of the risks of

12 http://www.gfcs-climate.org/

http://www.gfcs-climate.org/



climate variability and change and adaptation to climate change, through the development

and incorporation of science-based climate information and prediction into planning,

policy and practice on the global, regional and national scale."

The GFCS consists of five pillars: User Interface Platform; Climate Service Information

System; Research, Modeling and Prediction; Observation and Monitoring; Capacity Building.

The GFCS has five priority areas: agriculture and food security, water, health, disaster risk

reduction and energy. The GFCS will be implemented on three levels: global, regional and

national level.

The aim of this assignment is to support and lead to the establishing the National

Framework for Climate Services (NFCS) in Nepal and bridge the gap between climate science

and the needs of users of climate information. Separate Concept Note is clarifying the GFCS

and National Framework for Climate Service (NFCS) and elaborating how different

components of BRCH-project will contribute to the NFCS.

In context of this assignment (BRCH sub-component C4.2) the focus will be especially in the

User Interface and capacity building of the DHM to meet the users’ needs for climate

services. In order to successfully implement NFCS, the national stakeholders should be

committed to the Framework, drive the process and design it in collaboration with DHM in

the manner that addresses national needs and priorities. Outcome of this assignment will be

an Action plan for the NFCS including the climate products for some key priority sectors,

which will guide the further steps of development of all five components.



10 Pre-requisites for a successful framework at the national level (according to WMO

Guideline: Development of the Global Framework for Climate Services at the national level)

1. Provide a strong institutional anchorage for the Framework for Climate Services

2. Meet the demand for tailored climate service provision in the priority climate-sensitive

sectors in the country (Agriculture & Food security, Health, Disaster Risk Management,

Construction/Infrastructure/ Transport sector, etc.)

3. Build the capacity of the NHMS and other technical services to jointly elaborate salient

climate products and services, building on pluri-disciplinary knowledge and expertise

from each sector

4. Improve the Communication / widespread distribution of Climate Services

5. Diversify communication channels, use innovative channels to broadcast (aside from

TV)

6. Modernize and increase the density of the national hydro-meteorological observing

network, improving capacity to meet end-user needs

7. Improve collaborative climate research, towards more salient end-user driven climate

research outputs

8. Develop and strengthen the Capacity of end-users to further appropriate and utilize

climate services

9. Sustain the newly defined Framework for Climate Services at the national level

10. Engage all national stakeholders involved in the production, interpretation,

communication and utilization of climate services in a national dialogue around climate

service provision, to identify country needs and charter a course for the provision of

user-tailored climate services at the national and sub-national levels.

2.3 National activities related to climate change

Improved climate services are especially needed in adaptation to climate change.

Government of Nepal has launched National Adaptation Programme of Action (NAPA) to

Climate Change in 2010. During the NAPA process six priority areas were identified:

Agriculture and Food Security; Water Resources and Energy; Climate-Induced Disasters;

Forests and Biodiversity; Public Health; Urban Settlement and infrastructure. In selected

areas adaptation needs and actions were also prioritized, many of them require cross-

sectoral collaboration and customized climate services.

Implementation of adaptation measures often takes place at local level. In 2012 the National

Framework on Local Adaptation Plans for Action (LAPA) was released. It is expected that

LAPA would lead to provision and the effective delivery of adaptation services to the most

climate vulnerable areas and people.

The goal of Climate Change Policy (2011) is to improve livelihoods by mitigating and adapting

to the adverse impacts of climate change, adopting a low-carbon emissions socio-economic



development path and supporting and collaborating in the spirits of country's commitments

to national and international agreements related to climate change.

Ministry of Population and Environment (MOPE) maintains Nepal Climate Change &

Development Portal13. The aim of the portal is to serve as a gateway to climate change

knowledge, opportunities, people, organizations, and networks.

2.4 Climate services of Department of Hydrology and Meteorology (DHM)

Hierarchy of national climate services can be categorized as follows:

Category 1: Basic climate data services and information products

Functions of a Category 1 capability include design, operation and maintenance of national

observing systems; data management including QA/QC; development and maintenance of

data 1; archives; climate monitoring; oversight on climate standards; climate diagnostics

and climate analysis; climate assessment; dissemination via a variety of media of climate

products based on the data; participation in regional climate outlook forums and some

interaction with users, to meet requests and gather feedback.

Category 2: Essential climate data services and information products

In addition to encompassing all Category 1 functions, Category 2 climate services should

include the capacity to develop and/or provide monthly and longer climate predictions

including seasonal climate outlooks, both statistical and model-based; be able to conduct or

participate in regional and national climate forums; interact with users in various sectors to

identify their requirements; provide advice on climate information and products; and get

feedback on the usefulness and effectiveness of the information and services provided.

Category 3: Comprehensive range of climate data services and information products

In addition to encompassing Category 2 services, organizations delivering Category 3 climate

services would have the capacity to develop and/or provide specialized climate products to

meet the needs of major sectors and should be able to downscale long-term climate

projections as well as develop and/or interpret decadal climate prediction (as and when

available). They would serve to build societal awareness of climate change issues, and

provide information relevant to policy development and National Action Plans.

Category 4: Advanced climate services

In addition to the ability to deliver Category 3 services, organisations delivering the Category

4 services would have certain in-house research capacities, and would be able to run Global

and Regional Climate Models. They would be able to work with sector-based research teams

to assist them in developing applications models (e.g. to combine climate and agriculture

13 http://www.climatenepal.org.np/main/?p=home

http://www.climatenepal.org.np/main/?p=home



information and produce food security products), and to develop software and product

suites for customized climate products.

The climate service of DHM has characteristics of category 1 and 2 climate service, which

means that DHM Climate service provides a set of basic and essential climate services such

as climate data delivery, basic climate statistics, some climate monitoring products and

seasonal outlooks. In the Climate Data Portal14 there are also available interpolated data

from observations and downscaled climate scenario data (Climate Data Digitization and

Downscaling of Climate Change Projections in Nepal, TA 7173-NEP: Strengthening Capacity

for Managing Climate Change and the Environment, July 2012). The present DHM climate

service own capability to produce advanced climate services is limited. The most important

present climate services prepared by DHM own experts can be seen online on DHM web-

pages15. Important objective of this assignment is to improve dialogue between climate

service of DHM and users of climate information and, thus, initiate the development of

customized climate services.

The aim during the BRCH-project is to develop DHM Climate Service to the level of category

3. Thus, it would have capacity to develop and deliver customized climate services, be able

to provide downscaled climate scenarios for Nepal and have resources to raise awareness of

climate change. Important part of the work will be provision of climate information for NAP

and Climate policy, as well as, for climate risk assessment and management.

3. Objectives

The main objective of this assignment is to establish a National Framework for Climate

Services (NFCS) in Nepal and sectoral working groups within the framework, and develop the

climate service products for major climate sensitive sectors of Nepal. The work will be done

in close collaboration with DHM. The guidelines of WMO to develop GFCS at national level

should be applied and good examples of national level progress in other countries should be

utilized when appropriate. [16]

4. Scope of the work

In order to achieve the aim the consultant will conduct national consultations with

stakeholders and potential users of climate services together with DHM. The consultant will

also moderate and follow up the early steps of sectoral working groups to be established

during consultations. The final outcome will be the Action plan for the NFCS. The Action plan

will include concepts of future services for key sectors, timeframe for developing these

service and agreed procedures in which DHM and sectoral stakeholders are committed to.

14 http://dhm.gov.np/dpc

15 http://dhm.gov.np/climate

16 http://www.gfcs-climate.org/national_workshops

http://www.gfcs-climate.org/national_workshops



The consultant will also develop the climate products for three key priority sectors of Nepal;

such as, hydropower, disaster risk reduction and tourism based on the available data and

resources.

The work within this assignment will target towards provision of customized, user-friendly

climate services. It should avoid duplicating earlier work, but instead, build on already

existing information about needs of society for climate services, present climate policies and

action plans such as NAPA and LAPA. The baseline studies on present status of DHM climate

services, outcomes of preliminary stakeholder meetings, and relevant development plans

(including a list of potential future services) prepared in BRCH-project so far by the

Meteorological and Climate Service Expert (MCSE) will be available for the use of the

consult, in order to effectively conduct this assignment. The consultant should review the

current status of generating climate information at the country level and assess specific

needs for climate services in different sectors and the current status of interfacing

mechanisms and interactions between climate services providers and users, identify major

areas for improvement and recommend effective mechanisms and practices.

The objective comprises of the following tasks (but not limited to the following).

4.1 Mapping and one to one discussion with stake holders and selection of participants

for the national consultation workshop – preparatory phase (2-3 calendar months)

In order to successfully develop NFCS, all relevant stakeholders should be involved to the

process. Stakeholders should come from all four priority areas. They should include decision-

makers, sectoral users of climate information both on national and local level, climate

scientist and climate service providers. The consultation should include representatives from

different ministries, research institutions, private sector agencies, as well as, NGOs. The

consultant should conduct one to one discussion meeting with the stakeholders of priority

sectors before organizing the national consultation workshop. The National Framework

should be able to utilize the information and services available on global or regional level

and, on the other hand, NFCS in Nepal would contribute to international collaboration.

Therefore also some regional institutions should be involved in the consultations. Awareness

rising and role of media are important in mainstreaming climate information into decision-

making at various levels and sectors of society. Mapping of stakeholders and selection of

participants will be carried out in accordance to WMO guidelines on “Development of the

Global Framework for Climate Services at the national level”.

4.2 Training to the DHM climate experts

Sustainability of the development of the NFCS is critical part of the assignment. The climate

service of DHM will have a key role in the implementation and continuous development of

NFCS. Therefore the consultant is to provide training to the DHM climate service experts on

the specific aims of the National Consultation Workshop in Nepal and skills for running

interactive stakeholder meetings. The consultant is to share the expertise and lessons



learned throughout the process in order to ensure that DHM experts can smoothly continue

the work after the assignment. Therefore the consultant is to include into the proposal

documents for this assignment a plan for short (1-2 days) training, which will be conducted

by the consultant prior to the Workshop (see 3.3.) and will include basic concepts of GFCS,

interactive methods to be used in National Consultation Workshop in user dialogue, and

collecting and utilizing user feedback, and a simple practice for media interviews related to

NFCS. The consultant is also to describe in the proposal documents how to involve climate

experts of DHM into the consultation throughout the whole process.

4.3 National consultation workshop

In the proposal documents for this assignment the consultant should include a preliminary

plan on how to conduct the National Consultation Workshop (presentations, group work

methods etc). The aims of the workshop are to

- Achieve common understanding on how to establish NFCS in Nepal: What will be the

structure of NFCS and which organizations will participate on it, the role of DHM

climate services as a hub of the Framework and setting an inter-ministerial steering

committee for the NFCS

- Draft a Memorandum of Understanding (MoU) to be signed by the institutions to be

committed to the NFCS accordingly

- Agree about guidelines for the Action plan for the NFCS

- Discuss and recommend arrangements for improved production, better access and

sustainable operations for climate predictions and services to facilitate the flow of

climate information from global and regional scales through the national and local

scales

- Decide to establish sectoral working groups on priority areas in order to chart a

roadmap for the effective development and application of climate services

- Draft a communication plan for the Framework including the roles, contents and target

groups of climate portals in Nepal; MoPE, Nepal Climate Change & Development

Portal, DHM online climate services and Climate Data Portal, and further portal

development to be done under NFCS

- Agree about monitoring and evaluation of the development of NFCS

- Discuss and recommend arrangements for improved production, better access and

sustainable operations for climate predictions and services to facilitate the flow of

climate information from global and regional scales through the national and local

scales

The priority areas for sectoral working groups would be almost the same as defined in NAPA,

2010: Water Resources and Energy; Climate-Induced Disasters; Forests and Biodiversity;



Public Health; Urban Settlement and infrastructure. However, in Agriculture and Food

Security the collaboration takes places in other forum within BRCH-project and the existing

WOGRAM working group will be mobilized. In this context working groups also for other

priority areas (e.g. aviation and tourism) should also be considered.

Elaborating Action plan (6 calendar months)

4.4 Sectoral working groups –User needs and product development

Based on the consensus of the consultation workshop, sectoral working groups will be

formed on three priority areas. The consultant is to moderate the first steps of these

sectoral working groups and guide the work towards feasible Action plan to develop

customized climate services in the area and increase the utilization of climate services in

practice. The working groups should include both sectoral and climate service experts.

The tasks of the consultant in close collaboration with the working groups are to

(a) Identify users’ needs for customized climate products and services for the sectors

services in the sector in question

(b) Identify products that can be developed to meet those sector specific needs;

©Document sector specific as well as climate data that is currently available to

develop those products (this information should be clearly presented in written form

and in table format);

(d) list global data sources that can be used for product development

(e) identify data gaps at the national and district level that need to be addressed and

modalities of addressing them,

(f) Create (formats, dissemination methods, production processes for the products to be

development

(g) Support DHM and selected sector agency to develop those products based on available

data and information and provide associated training;

(h) Assess the capacity needed in DHM to be able to provide these customized climate

products and services on an ongoing basis and improve upon them: human resources,

training, ICT, tools for service production.

(i) Assess the capacity needed in the sector to be able to further develop, scale up and

best utilize the services: awareness rising, training of end users, needs for further

sectoral climate change adaptation research, infrastructural development, need for

mediators of climate information etc.

(j) Prepare a detailed work plan for the three specific joint working groups with clear

roles and responsibilities of participating organizations, timelines for development

taking into account DHM present and future capabilities to provide tailored services



(fast track actions and longer term development respectively), costs and finance

mechanism. Please look at the good experience of the WOGRAM cross sectoral

working group for agriculture

(k) Prepare draft MOU between DHM and selected sector agencies including M and E

framework and format for regular user feedback and service evaluation.

4.5 Action plan and closure meeting

In the end of the assignment the outcomes of working groups are to be compiled into an

elaborated Action plan for the NFCS in Nepal including the structure of NFCS, agreed

procedures of service development and production, and engagement of stakeholders to the

Framework. The consultant is to prepare recommendations for the step-by-step work plan

to be continued within PPCR-BRCH. The Action plan should include also communication plan

for the NFCS. The findings should be presented in the overall closure meeting to be arranged

to the participants of the national consultation workshop (task 2.3.) and PPCR-BRCH

representatives.

5. Client’s Commitments

- Staff of the DHM/ PMU will provide basic organizational support to the Consultant.

- At the request of the Consultant, the DHM should provide the following documents:

Information for all project objectives, including the information on status of

observation networks, current climate services and information on ongoing

development in DHM and the documentation prepared by Meteorological and

Climate Service Experts (MCSE) within BRCH project

Project Appraisal Document (PAD) and other World Bank materials related to

consultancy service;

Information on present stakeholder’s of DHM

6. General requirements for the Consulting Firm/ Service provider

- More than 10 years, preferably more than 15 years of experience in the field of climate

service and research

- Experience in international climate consulting in developing countries related to

development of climate services / climate research capacity/ adaptation to climate change.

- Experience related to GFCS including regional and national domains of NFCS;

- Experience in building societal awareness to climate issues, including climate change

will be an advantage;

- Experience on consultation related to climate service/ research / adaptation to climate

change in Nepal will be an advantage.



7. Staffing Requirements

- International climate service expert, Team Leader (4 p-m)

Expertise in climate service or climate research for more than 15 years

Proven experience in GFCS related work and conducting user dialogue workshops

MSc in meteorology or preferably PhD in climate science

The Team Leader shall spend 75 days in Nepal.

- National climate service expert (9 p-m)

Expertise in climate services and climate research for more than 5 years

Proven experience in project work and organizing workshops

MSc in meteorology, Ph.D preferred

8. Reporting

Reporting requirements shall be as follows:

i. Inception Report

Within 1 month from signing the contract, prior to the national consultation

workshop

ii. Progress Report:

Outcomes of the national consultation workshop

Within 1 month after the workshop

iii. Final Report:

At the end of the assignment

9. Expected Deliverables

- Reports listed above – Inception Report, Progress Report, Final Report

- Final Action plan for the NFCS

- Communication plan

- Memorandum of Understanding (MoU) to be signed by the institutions to be

committed to the NFCS

- Climate products for three key priority sectors of Nepal: hydropower, disaster risk

reduction and tourism

- List of ministries for inter-ministerial steering Committee

- Recommendation for further development of NFCS during the BRCH project and

beyond



10. Payment Schedule

- 15 percent after submission and approval of Inception Report,

- 35 percent after submission and approval of Progress report

- 40 percent after submission of Final Report and Action plan

- 10 percent after the acceptance of Final Report and Action plan

11. Duration of Consultancy

9 calendar months

12. Consultant’s Selection Method

- The selection method will be Quality Cost Based Selection (QCBS).

- The consultants will be selected following Quality and Cost Based Selection (QCBS,

Technical 0.8, Financial 0.2) criteria.

PART II

Section VIII Conditions of Contract and Contract Forms


Section VIII. Conditions of Contract and Contract Forms

STANDARD FORM OF CONTRACT

CONSULTANT’S SERVICES

LUMP-SUM



CONTENTS

I. Form of Contract ..................................................................................................................................... 80

II. General Conditions of Contract ............................................................................................................... 82

A. General Provisions ........................................................................................................................ 82

1. Definitions .......................................................................................................................... 82

2. Relationship between the Parties ....................................................................................... 83

3. Law Governing Contract ..................................................................................................... 83

4. Language ............................................................................................................................ 84

5. Headings ............................................................................................................................. 84

6. Communications ................................................................................................................. 84

7. Location .............................................................................................................................. 84

8. Authority of Member in Charge .......................................................................................... 84

9. Authorized Representatives ................................................................................................ 84

10. Corrupt and Fraudulent Practices ....................................................................................... 84

B. Commencement, Completion, Modification and Termination of Contract .................................... 85

11. Effectiveness of Contract .................................................................................................... 85

12. Termination of Contract for Failure to Become Effective .................................................... 85

13. Commencement of Services ............................................................................................... 85

14. Expiration of Contract ......................................................................................................... 85

15. Entire Agreement ............................................................................................................... 85

16. Modifications or Variations ................................................................................................. 85

17. Force Majeure .................................................................................................................... 86

18. Suspension ......................................................................................................................... 87

19. Termination ........................................................................................................................ 87

C. Obligations of the Consultant ........................................................................................................ 90

20. General ............................................................................................................................... 90

21. Conflict of Interests ............................................................................................................ 91

22. Confidentiality .................................................................................................................... 92

23. Liability of the Consultant ................................................................................................... 92

24. Insurance to be Taken out by the Consultant...................................................................... 92

25. Accounting, Inspection and Auditing................................................................................... 93

26. Reporting Obligations ......................................................................................................... 93

27. Proprietary Rights of the Client in Reports and Records ...................................................... 93

28. Equipment, Vehicles and Materials ..................................................................................... 94

D. Consultant’s Experts and Sub-Consultants ................................................................................... 94

29. Description of Key Experts .................................................................................................. 94



30. Replacement of Key Experts ............................................................................................... 94

31. Removal of Experts or Sub-consultants ............................................................................... 95

E. Obligations of the Client ................................................................................................................ 95

32. Assistance and Exemptions ................................................................................................. 95

33. Access to Project Site .......................................................................................................... 96

34. Change in the Applicable Law Related to Taxes and Duties ................................................. 96

35. Services, Facilities and Property of the Client...................................................................... 96

36. Counterpart Personnel ....................................................................................................... 97

37. Payment Obligation ............................................................................................................ 97

F. Payments to the Consultant .......................................................................................................... 97

38. Contract Price ..................................................................................................................... 97

39. Taxes and Duties ................................................................................................................. 97

40. Currency of Payment .......................................................................................................... 97

41. Mode of Billing and Payment .............................................................................................. 97

42. Interest on Delayed Payments ............................................................................................ 99

G. Fairness and Good Faith ................................................................................................................ 99

43. Good Faith .......................................................................................................................... 99

H. Settlement of Disputes.................................................................................................................. 99

44. Amicable Settlement .......................................................................................................... 99

45. Dispute Resolution .............................................................................................................. 99

III. General Conditions ................................................................................................................................ 100

Attachment 1: Bank’s Policy – Corrupt and Fraudulent Practices .......................................................... 100

IV. Special Conditions of Contract............................................................................................................... 102

V. Appendices ......................................................................................................................................... 108

Appendix A – Terms of Reference ......................................................................................................... 108

Appendix B - Key Experts ....................................................................................................................... 108

Appendix C – Breakdown of Contract Price ........................................................................................... 108

Appendix D - Form of Advance Payments Guarantee ............................................................................ 111



Contract for Consultant’s Services

Lump-Sum

Project Name

DEVELOPMENT OF A NATIONAL FRAMEWORK FOR CLIMATE SERVICES (NFCS) AND SECTORAL WORKING GROUPS IN NEPAL

Loan /Grant No.TF013557/013665

Contract No. (PPCR/DHM/S/QCBS-37)

Between

[Name of the Client]

And

_______________________________________________

[Name of the Consultant]

Dated: _______________



I. Form of Contract

Lump-Sum

This CONTRACT (hereinafter called the “Contract”) is made the [number] day of the month of

[month], [year], between, on the one hand, [name of Client or Recipient] (hereinafter called the

“Client”) and, on the other hand, [name of Consultant] (hereinafter called the “Consultant”).

[If the Consultant consist of more than one entity, the above should be partially amended to read

as follows: “…(hereinafter called the “Client”) and, on the other hand, a Joint Venture (name of the

JV) consisting of the following entities, each member of which will be jointly and severally liable to

the Client for all the Consultant’s obligations under this Contract, namely, [name of member] and

[name of member] (hereinafter called the “Consultant”).]

WHEREAS

(a) The Client has requested the Consultant to provide certain consulting services as defined in

this Contract (hereinafter called the “Services”);

(b) The Consultant, having represented to the Client that it has the required professional skills,

expertise and technical resources, has agreed to provide the Services on the terms and

conditions set forth in this Contract;

(c) The Client has received [or has applied for] a loan [or credit or grant] from the [insert as

relevant, International Bank for Reconstruction and Development (IBRD) or International

Development Association (IDA)]:toward the cost of the Services and intends to apply a

portion of the proceeds of this [loan/credit/grant] to eligible payments under this Contract,

it being understood that (i) payments by the Bank will be made only at the request of the

Client and upon approval by the Bank; (ii) such payments will be subject, in all respects, to

the terms and conditions of the [loan/financing/grant]agreement, including prohibitions of

withdrawal from the [loan/credit/grant] account for the purpose of any payment to persons

or entities, or for any import of goods, if such payment or import, to the knowledge of the

Bank, is prohibited by the decision of the United Nations Security council taken under

Chapter VII of the Charter of the United Nations; and (iii) no party other than the Client shall

derive any rights from the [loan/financing/grant] agreement or have any claim to the

[loan/credit/grant] proceeds;

NOW THEREFORE the parties hereto hereby agree as follows:

1. The following documents attached hereto shall be deemed to form an integral part of this

Contract:

(a) The General Conditions of Contract (including Attachment 1 “Bank Policy – Corrupt and

Fraudulent Practices);



(b) The Special Conditions of Contract;

(c) Appendices:

Appendix A: Terms of Reference

Appendix B: Key Experts

Appendix C: Breakdown of Contract Price

Appendix D: Form of Advance Payments Guarantee

In the event of any inconsistency between the documents, the following order of

precedence shall prevail: the Special Conditions of Contract; the General Conditions of

Contract, including Attachment 1; Appendix A; Appendix B; Appendix C; Appendix D. Any

reference to this Contract shall include, where the context permits, a reference to its

Appendices.

2. The mutual rights and obligations of the Client and the Consultant shall be as set forth in the

Contract, in particular:

(a) the Consultant shall carry out the Services in accordance with the provisions of the

Contract; and

(b) the Client shall make payments to the Consultant in accordance with the provisions of

the Contract.

IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be signed in their

respective names as of the day and year first above written.

For and on behalf of [Name of Client]

__________________________________________________________

[Authorized Representative of the Client – name, title and signature]

For and on behalf of [Name of Consultant or Name of a Joint Venture]

____________________________________________________________

[Authorized Representative of the Consultant – name and signature]

[For a joint venture, either all members shall sign or only the lead member, in which case the power

of attorney to sign on behalf of all members shall be attached.

For and on behalf of each of the members of the Consultant [insert the Name of the Joint Venture]

[Name of the lead member]

__________________________________________________

[Authorized Representative on behalf of a Joint Venture]

[Add signature blocks for each member if all are signing]



II. General Conditions of Contract

A. General Provisions

1. Definitions 1.1 Unless the context otherwise requires, the following terms

whenever used in this Contract have the following meanings:

a. “Applicable Guidelines” means Guidelines for Selection and

Employment of Consultants under IBRD Loans and IDA Credits

& Grants by World Bank Borrowers, dated January 2011.

b. “Applicable Law” means the laws and any other instruments

having the force of law in the Client’s country, or in such other

country as may be specified in the Special Conditions of

Contract (SCC), as they may be issued and in force from time

to time.

c. “Bank” means the International Bank for Reconstruction and

Development (IBRD) or the International Development

Association (IDA).

d. “Borrower” means the Government, Government agency or

other entity that signs the financing agreement with the Bank.

e. “Client” means the implementing agency that signs the

Contract for the Services with the Selected Consultant.

f. “Consultant” means a legally-established professional

consulting firm or entity selected by the Client to provide the

Services under the signed Contract.

g. “Contract” means the legally binding written agreement

signed between the Client and the Consultant and which

includes all the attached documents listed in its paragraph 1 of

the Form of Contract (the General Conditions (GCC), the

Special Conditions (SCC), and the Appendices).

h. “Day” means a working day unless indicated otherwise.

i. “Effective Date” means the date on which this Contract comes

into force and effect pursuant to Clause GCC 11.

j. “Experts” means, collectively, Key Experts, Non-Key Experts, or

any other personnel of the Consultant, Sub-consultant or JV

member(s) assigned by the Consultant to perform the Services

or any part thereof under the Contract.

k. “Foreign Currency” means any currency other than the

currency of the Client’s country.

l. “GCC” means these General Conditions of Contract.



m. “Government” means the government of the Client’s country.

n. “Joint Venture (JV)” means an association with or without a

legal personality distinct from that of its members, of more

than one entity where one member has the authority to

conduct all businesses for and on behalf of any and all the

members of the JV, and where the members of the JV are

jointly and severally liable to the Client for the performance of

the Contract.

o. “Key Expert(s)” means an individual professional whose skills,

qualifications, knowledge and experience are critical to the

performance of the Services under the Contract and whose

Curricula Vitae (CV) was taken into account in the technical

evaluation of the Consultant’s proposal.

p. “Local Currency” means the currency of the Client’s country.

q. “Non-Key Expert(s)” means an individual professional

provided by the Consultant or its Sub-consultant to perform

the Services or any part thereof under the Contract.

r. “Party” means the Client or the Consultant, as the case may

be, and “Parties” means both of them.

s. “SCC” means the Special Conditions of Contract by which the

GCC may be amended or supplemented but not over-written.

t. “Services” means the work to be performed by the Consultant

pursuant to this Contract, as described in Appendix A hereto.

u. “Sub-consultants” means an entity to whom/which the

Consultant subcontracts any part of the Services while

remaining solely liable for the execution of the Contract.

v. “Third Party” means any person or entity other than the

Government, the Client, the Consultant or a Sub-consultant.

2. Relationship

between the

Parties

2.1 Nothing contained herein shall be construed as establishing a

relationship of master and servant or of principal and agent as

between the Client and the Consultant. The Consultant, subject to

this Contract, has complete charge of the Experts and Sub-

consultants, if any, performing the Services and shall be fully

responsible for the Services performed by them or on their behalf

hereunder.

3. Law Governing Contract

3.1 This Contract, its meaning and interpretation, and the relation

between the Parties shall be governed by the Applicable Law.



4. Language 4.1 This Contract has been executed in the language specified in the

SCC, which shall be the binding and controlling language for all

matters relating to the meaning or interpretation of this Contract.

5. Headings 5.1 The headings shall not limit, alter or affect the meaning of this

Contract.

6. Communications 6.1 Any communication required or permitted to be given or made pursuant to this Contract shall be in writing in the language specified in Clause GCC 4. Any such notice, request or consent shall be deemed to have been given or made when delivered in person to an authorized representative of the Party to whom the communication is addressed, or when sent to such Party at the address specified in the SCC.

6.2 A Party may change its address for notice hereunder by giving the other Party any communication of such change to the address specified in the SCC.

7. Location 7.1 The Services shall be performed at such locations as are specified in Appendix A hereto and, where the location of a particular task is not so specified, at such locations, whether in the Government’s country or elsewhere, as the Client may approve.

8. Authority of Member in Charge

8.1 In case the Consultant is a Joint Venture, the members hereby authorize the member specified in the SCC to act on their behalf in exercising all the Consultant’s rights and obligations towards the Client under this Contract, including without limitation the receiving of instructions and payments from the Client.

9. Authorized Representatives

9.1 Any action required or permitted to be taken, and any document required or permitted to be executed under this Contract by the Client or the Consultant may be taken or executed by the officials specified in the SCC.

10. Corrupt and Fraudulent Practices

10.1 The Bank requires compliance with its policy in regard to corrupt and fraudulent practices as set forth in Attachment 1 to the GCC.

a. Commissions and Fees

10.2 The Client requires the Consultant to disclose any commissions, gratuities or fees that may have been paid or are to be paid to agents or any other party with respect to the selection process or execution of the Contract. The information disclosed must include at least the name and address of the agent or other party, the amount and currency, and the purpose of the commission, gratuity or fee. Failure to disclose such commissions, gratuities or fees may result in termination of the Contract and/or sanctions by the Bank.



B. Commencement, Completion, Modification and Termination of Contract

11. Effectiveness of

Contract

11.1 This Contract shall come into force and effect on the date (the

“Effective Date”) of the Client’s notice to the Consultant

instructing the Consultant to begin carrying out the Services.

This notice shall confirm that the effectiveness conditions, if

any, listed in the SCC have been met.

12. Termination of

Contract for

Failure to

Become

Effective

12.1 If this Contract has not become effective within such time

period after the date of Contract signature as specified in the

SCC, either Party may, by not less than twenty two (22) days

written notice to the other Party, declare this Contract to be

null and void, and in the event of such a declaration by either

Party, neither Party shall have any claim against the other

Party with respect hereto.

13. Commencement

of Services

13.1 The Consultant shall confirm availability of Key Experts and

begin carrying out the Services not later than the number of

days after the Effective Date specified in the SCC.

14. Expiration of

Contract

14.1 Unless terminated earlier pursuant to Clause GCC 19 hereof,

this Contract shall expire at the end of such time period after

the Effective Date as specified in the SCC.

15. Entire

Agreement

15.1 This Contract contains all covenants, stipulations and

provisions agreed by the Parties. No agent or representative

of either Party has authority to make, and the Parties shall not

be bound by or be liable for, any statement, representation,

promise or agreement not set forth herein.

16. Modifications or

Variations

16.1 Any modification or variation of the terms and conditions of

this Contract, including any modification or variation of the

scope of the Services, may only be made by written

agreement between the Parties. However, each Party shall

give due consideration to any proposals for modification or

variation made by the other Party.

16.2 In cases of substantial modifications or variations, the prior

written consent of the Bank is required.



17. Force Majeure

a. Definition 17.1 For the purposes of this Contract, “Force Majeure” means an

event which is beyond the reasonable control of a Party, is not

foreseeable, is unavoidable, and makes a Party’s performance

of its obligations hereunder impossible or so impractical as

reasonably to be considered impossible under the

circumstances, and subject to those requirements, includes,

but is not limited to, war, riots, civil disorder, earthquake, fire,

explosion, storm, flood or other adverse weather conditions,

strikes, lockouts or other industrial action confiscation or any

other action by Government agencies.

17.2 Force Majeure shall not include (i) any event which is caused

by the negligence or intentional action of a Party or such

Party’s Experts, Sub-consultants or agents or employees, nor

(ii) any event which a diligent Party could reasonably have

been expected to both take into account at the time of the

conclusion of this Contract, and avoid or overcome in the

carrying out of its obligations hereunder.

17.3 Force Majeure shall not include insufficiency of funds or

failure to make any payment required hereunder.

b. No Breach of Contract

17.4 The failure of a Party to fulfill any of its obligations hereunder

shall not be considered to be a breach of, or default under,

this Contract insofar as such inability arises from an event of

Force Majeure, provided that the Party affected by such an

event has taken all reasonable precautions, due care and

reasonable alternative measures, all with the objective of

carrying out the terms and conditions of this Contract.

c. Measures to be Taken

17.5 A Party affected by an event of Force Majeure shall continue

to perform its obligations under the Contract as far as is

reasonably practical, and shall take all reasonable measures to

minimize the consequences of any event of Force Majeure.

17.6 A Party affected by an event of Force Majeure shall notify the

other Party of such event as soon as possible, and in any case

not later than fourteen (14) calendar days following the

occurrence of such event, providing evidence of the nature

and cause of such event, and shall similarly give written notice

of the restoration of normal conditions as soon as possible.



17.7 Any period within which a Party shall, pursuant to this

Contract, complete any action or task, shall be extended for a

period equal to the time during which such Party was unable

to perform such action as a result of Force Majeure.

17.8 During the period of their inability to perform the Services as

a result of an event of Force Majeure, the Consultant, upon

instructions by the Client, shall either:

(a) demobilize, in which case the Consultant shall be

reimbursed for additional costs they reasonably and

necessarily incurred, and, if required by the Client, in

reactivating the Services; or

(b) continue with the Services to the extent reasonably

possible, in which case the Consultant shall continue to

be paid under the terms of this Contract and be

reimbursed for additional costs reasonably and

necessarily incurred.

17.9 In the case of disagreement between the Parties as to the

existence or extent of Force Majeure, the matter shall be

settled according to Clauses GCC 44& 45.

18. Suspension 18.1 The Client may, by written notice of suspension to the

Consultant, suspend all payments to the Consultant

hereunder if the Consultant fails to perform any of its

obligations under this Contract, including the carrying out of

the Services, provided that such notice of suspension (i) shall

specify the nature of the failure, and (ii) shall request the

Consultant to remedy such failure within a period not

exceeding thirty (30) calendar days after receipt by the

Consultant of such notice of suspension.

19. Termination 19.1 This Contract may be terminated by either Party as per

provisions set up below:

a. By the Client 19.1.1 The Client may terminate this Contract in case of the

occurrence of any of the events specified in

paragraphs (a) through (f) of this Clause. In such an

occurrence the Client shall give at least thirty (30)

calendar days’ written notice of termination to the

Consultant in case of the events referred to in (a)

through (d); at least sixty (60) calendar days’ written



notice in case of the event referred to in (e); and at

least five (5) calendar days’ written notice in case of

the event referred to in (f):

(a) If the Consultant fails to remedy a failure in the

performance of its obligations hereunder, as

specified in a notice of suspension pursuant to Clause

GCC 18;

(b) If the Consultant becomes (or, if the Consultant

consists of more than one entity, if any of its

members becomes) insolvent or bankrupt or enter

into any agreements with their creditors for relief of

debt or take advantage of any law for the benefit of

debtors or go into liquidation or receivership whether

compulsory or voluntary;

(c) If the Consultant fails to comply with any final

decision reached as a result of arbitration

proceedings pursuant to Clause GCC 45.1;

(d) If, as the result of Force Majeure, the Consultant is

unable to perform a material portion of the Services

for a period of not less than sixty (60) calendar days;

(e) If the Client, in its sole discretion and for any reason

whatsoever, decides to terminate this Contract;

(f) If the Consultant fails to confirm availability of Key

Experts as required in Clause GCC 13.

19.1.2 Furthermore, if the Client determines that the

Consultant has engaged in corrupt, fraudulent,

collusive, coercive or obstructive practices, in

competing for or in executing the Contract, then the

Client may, after giving fourteen (14) calendar days

written notice to the Consultant, terminate the

Consultant's employment under the Contract.

b. By the Consultant

19.1.3 The Consultant may terminate this Contract, by not

less than thirty (30) calendar days’ written notice to

the Client, in case of the occurrence of any of the

events specified in paragraphs (a) through (d) of this

Clause.

(a) If the Client fails to pay any money due to the

Consultant pursuant to this Contract and not subject



to dispute pursuant to Clause GCC 45.1 within forty-

five (45) calendar days after receiving written notice

from the Consultant that such payment is overdue.

(b) If, as the result of Force Majeure, the Consultant is

unable to perform a material portion of the Services

for a period of not less than sixty (60) calendar days.

(c) If the Client fails to comply with any final decision

reached as a result of arbitration pursuant to Clause

GCC 45.1.

(d) If the Client is in material breach of its obligations

pursuant to this Contract and has not remedied the

same within forty-five (45) days (or such longer

period as the Consultant may have subsequently

approved in writing) following the receipt by the

Client of the Consultant’s notice specifying such

breach.

c. Cessation of Rights and Obligations

19.1.4 Upon termination of this Contract pursuant to

Clauses GCC 12 or GCC 19 hereof, or upon expiration

of this Contract pursuant to Clause GCC 14, all rights

and obligations of the Parties hereunder shall cease,

except (i) such rights and obligations as may have

accrued on the date of termination or expiration, (ii)

the obligation of confidentiality set forth in Clause

GCC 22, (iii) the Consultant’s obligation to permit

inspection, copying and auditing of their accounts

and records set forth in Clause GCC 25, and (iv) any

right which a Party may have under the Applicable

Law.

d. Cessation of Services

19.1.5 Upon termination of this Contract by notice of either

Party to the other pursuant to Clauses GCC 19a or GCC

19b, the Consultant shall, immediately upon dispatch or

receipt of such notice, take all necessary steps to bring

the Services to a close in a prompt and orderly manner

and shall make every reasonable effort to keep

expenditures for this purpose to a minimum. With

respect to documents prepared by the Consultant and

equipment and materials furnished by the Client, the

Consultant shall proceed as provided, respectively, by

Clauses GCC 27 or GCC 28.



e. Payment upon Termination

19.1.6 Upon termination of this Contract, the Client shall

make the following payments to the Consultant:

(a) payment for Services satisfactorily performed prior to

the effective date of termination; and

(b) in the case of termination pursuant to paragraphs (d)

and (e) of Clause GCC19.1.1, reimbursement of any

reasonable cost incidental to the prompt and orderly

termination of this Contract, including the cost of the

return travel of the Experts.

C. Obligations of the Consultant

20. General

a. Standard of Performance

20.1 The Consultant shall perform the Services and carry out the

Services with all due diligence, efficiency and economy, in

accordance with generally accepted professional standards

and practices, and shall observe sound management practices,

and employ appropriate technology and safe and effective

equipment, machinery, materials and methods. The

Consultant shall always act, in respect of any matter relating

to this Contract or to the Services, as a faithful adviser to the

Client, and shall at all times support and safeguard the Client’s

legitimate interests in any dealings with the third parties.

20.2 The Consultant shall employ and provide such qualified and

experienced Experts and Sub-consultants as are required to

carry out the Services.

20.3 The Consultant may subcontract part of the Services to an

extent and with such Key Experts and Sub-consultants as may

be approved in advance by the Client. Notwithstanding such

approval, the Consultant shall retain full responsibility for the

Services.

b. Law Applicable to Services

20.4 The Consultant shall perform the Services in accordance with

the Contract and the Applicable Law and shall take all

practicable steps to ensure that any of its Experts and Sub-

consultants, comply with the Applicable Law.

20.5 Throughout the execution of the Contract, the Consultant

shall comply with the import of goods and services

prohibitions in the Client’s country when



(a) as a matter of law or official regulations, the Borrower’s

country prohibits commercial relations with that

country; or

(b) by an act of compliance with a decision of the United

Nations Security Council taken under Chapter VII of the

Charter of the United Nations, the Borrower’s Country

prohibits any import of goods from that country or any

payments to any country, person, or entity in that

country.

20.6 The Client shall notify the Consultant in writing of relevant

local customs, and the Consultant shall, after such

notification, respect such customs.

21. Conflict of Interests

21.1 The Consultant shall hold the Client’s interests paramount,

without any consideration for future work, and strictly avoid

conflict with other assignments or their own corporate

interests.

a. Consultant Not to

Benefit from

Commissions,

Discounts, etc.

21.1.1 The payment of the Consultant pursuant to GCC F

(Clauses GCC 38 through 42) shall constitute the

Consultant’s only payment in connection with this

Contract and, subject to Clause GCC 21.1.3, the

Consultant shall not accept for its own benefit any

trade commission, discount or similar payment in

connection with activities pursuant to this Contract or

in the discharge of its obligations hereunder, and the

Consultant shall use its best efforts to ensure that any

Sub-consultants, as well as the Experts and agents of

either of them, similarly shall not receive any such

additional payment.

21.1.2 Furthermore, if the Consultant, as part of the

Services, has the responsibility of advising the Client

on the procurement of goods, works or services, the

Consultant shall comply with the Bank’s Applicable

Guidelines, and shall at all times exercise such

responsibility in the best interest of the Client. Any

discounts or commissions obtained by the Consultant

in the exercise of such procurement responsibility

shall be for the account of the Client.



b. Consultant and

Affiliates Not to

Engage in Certain

Activities

21.1.3 The Consultant agrees that, during the term of this

Contract and after its termination, the Consultant and

any entity affiliated with the Consultant, as well as

any Sub-consultants and any entity affiliated with

such Sub-consultants, shall be disqualified from

providing goods, works or non-consulting services

resulting from or directly related to the Consultant’s

Services for the preparation or implementation of the

project, unless otherwise indicated in the SCC.

c. Prohibition of

Conflicting

Activities

21.1.4 The Consultant shall not engage, and shall cause its

Experts as well as its Sub-consultants not to engage,

either directly or indirectly, in any business or

professional activities that would conflict with the

activities assigned to them under this Contract.

d. Strict Duty to

Disclose

Conflicting

Activities

21.1.5 The Consultant has an obligation and shall ensure

that its Experts and Sub-consultants shall have an

obligation to disclose any situation of actual or

potential conflict that impacts their capacity to serve

the best interest of their Client, or that may

reasonably be perceived as having this effect. Failure

to disclose said situations may lead to the

disqualification of the Consultant or the termination

of its Contract.

22. Confidentiality 22.1 Except with the prior written consent of the Client, the

Consultant and the Experts shall not at any time communicate

to any person or entity any confidential information acquired

in the course of the Services, nor shall the Consultant and the

Experts make public the recommendations formulated in the

course of, or as a result of, the Services.

23. Liability of the

Consultant

23.1 Subject to additional provisions, if any, set forth in the SCC,

the Consultant’s liability under this Contract shall be provided

by the Applicable Law.

24. Insurance to be

Taken out by the

Consultant

24.1 The Consultant (i) shall take out and maintain, and shall cause

any Sub-consultants to take out and maintain, at its (or the

Sub-consultants’, as the case may be) own cost but on terms

and conditions approved by the Client, insurance against the

risks, and for the coverage specified in the SCC, and (ii) at the

Client’s request, shall provide evidence to the Client showing

that such insurance has been taken out and maintained and



that the current premiums therefore have been paid. The

Consultant shall ensure that such insurance is in place prior to

commencing the Services as stated in Clause GCC 13.

25. Accounting, Inspection and Auditing

25.1 The Consultant shall keep, and shall make all reasonable

efforts to cause its Sub-consultants to keep, accurate and

systematic accounts and records in respect of the Services and

in such form and detail as will clearly identify relevant time

changes and costs.

25.2 The Consultant shall permit and shall cause its Sub-

consultants to permit, the Bank and/or persons appointed by

the Bank to inspect the Site and/or all accounts and records

relating to the performance of the Contract and the

submission of the Proposal to provide the Services, and to

have such accounts and records audited by auditors

appointed by the Bank if requested by the Bank. The

Consultant’s attention is drawn to Clause GCC 10 which

provides, inter alia, that acts intended to materially impede

the exercise of the Bank’s inspection and audit rights provided

for under this Clause GCC25.2 constitute a prohibited practice

subject to contract termination (as well as to a determination

of ineligibility under the Bank’s prevailing sanctions

procedures.)

26. Reporting Obligations

26.1 The Consultant shall submit to the Client the reports and

documents specified in Appendix A, in the form, in the

numbers and within the time periods set forth in the said

Appendix.

27. Proprietary Rights

of the Client in

Reports and

Records

27.1 Unless otherwise indicated in the SCC, all reports and relevant

data and information such as maps, diagrams, plans,

databases, other documents and software, supporting records

or material compiled or prepared by the Consultant for the

Client in the course of the Services shall be confidential and

become and remain the absolute property of the Client. The

Consultant shall, not later than upon termination or expiration

of this Contract, deliver all such documents to the Client,

together with a detailed inventory thereof. The Consultant

may retain a copy of such documents, data and/or software

but shall not use the same for purposes unrelated to this

Contract without prior written approval of the Client.

27.2 If license agreements are necessary or appropriate between



the Consultant and third parties for purposes of development

of the plans, drawings, specifications, designs, databases,

other documents and software, the Consultant shall obtain

the Client’s prior written approval to such agreements, and

the Client shall be entitled at its discretion to require

recovering the expenses related to the development of the

program(s) concerned. Other restrictions about the future

use of these documents and software, if any, shall be specified

in the SCC.

28. Equipment,

Vehicles and

Materials

28.1 Equipment, vehicles and materials made available to the

Consultant by the Client, or purchased by the Consultant

wholly or partly with funds provided by the Client, shall be the

property of the Client and shall be marked accordingly. Upon

termination or expiration of this Contract, the Consultant shall

make available to the Client an inventory of such equipment,

vehicles and materials and shall dispose of such equipment,

vehicles and materials in accordance with the Client’s

instructions. While in possession of such equipment, vehicles

and materials, the Consultant, unless otherwise instructed by

the Client in writing, shall insure them at the expense of the

Client in an amount equal to their full replacement value.

28.2 Any equipment or materials brought by the Consultant or its

Experts into the Client’s country for the use either for the

project or personal use shall remain the property of the

Consultant or the Experts concerned, as applicable.

D. Consultant’s Experts and Sub-Consultants

29. Description of Key

Experts

29.1 The title, agreed job description, minimum qualification and

estimated period of engagement to carry out the Services of each

of the Consultant’s Key Experts are described in Appendix B.

30. Replacement of

Key Experts

30.1 Except as the Client may otherwise agree in writing, no

changes shall be made in the Key Experts.

30.2 Notwithstanding the above, the substitution of Key Experts

during Contract execution may be considered only based on

the Consultant’s written request and due to circumstances

outside the reasonable control of the Consultant, including

but not limited to death or medical incapacity. In such case,

the Consultant shall forthwith provide as a replacement, a

person of equivalent or better qualifications and experience,

and at the same rate of remuneration.



31. Removal of Experts or Sub-consultants

31.1 If the Client finds that any of the Experts or Sub-consultant

has committed serious misconduct or has been charged with

having committed a criminal action, or shall the Client

determine that Consultant’s Expert of Sub-consultant have

engaged in corrupt, fraudulent, collusive, coercive or

obstructive practice while performing the Services, the

Consultant shall, at the Client’s written request, provide a

replacement.

31.2 In the event that any of Key Experts, Non-Key Experts or Sub-

consultants is found by the Client to be incompetent or

incapable in discharging assigned duties, the Client, specifying

the grounds therefore, may request the Consultant to provide

a replacement.

31.3 Any replacement of the removed Experts or Sub-consultants

shall possess better qualifications and experience and shall be

acceptable to the Client.

31.4 The Consultant shall bear all costs arising out of or incidental

to any removal and/or replacement of such Experts.

E. Obligations of the Client

32. Assistance and Exemptions

32.1 Unless otherwise specified in the SCC, the Client shall use its best

efforts to:

(a) Assist the Consultant with obtaining work permits and such

other documents as shall be necessary to enable the

Consultant to perform the Services.

(b) Assist the Consultant with promptly obtaining, for the Experts

and, if appropriate, their eligible dependents, all necessary

entry and exit visas, residence permits, exchange permits and

any other documents required for their stay in the Client’s

country while carrying out the Services under the Contract.

(c) Facilitate prompt clearance through customs of any

property required for the Services and of the personal

effects of the Experts and their eligible dependents.

(c) Issue to officials, agents and representatives of the

Government all such instructions and information as may

be necessary or appropriate for the prompt and effective

implementation of the Services.



(d) Assist the Consultant and the Experts and any Sub-

consultants employed by the Consultant for the Services

with obtaining exemption from any requirement to register

or obtain any permit to practice their profession or to

establish themselves either individually or as a corporate

entity in the Client’s country according to the applicable

law in the Client’s country.

(e) Assist the Consultant, any Sub-consultants and the Experts

of either of them with obtaining the privilege, pursuant to

the applicable law in the Client’s country, of bringing into

the Client’s country reasonable amounts of foreign

currency for the purposes of the Services or for the

personal use of the Experts and of withdrawing any such

amounts as may be earned therein by the Experts in the

execution of the Services.

(f) Provide to the Consultant any such other assistance as may

be specified in the SCC.

33. Access to Project

Site

33.1 The Client warrants that the Consultant shall have, free of

charge, unimpeded access to the project site in respect of which

access is required for the performance of the Services. The

Client will be responsible for any damage to the project site or

any property thereon resulting from such access and will

indemnify the Consultant and each of the experts in respect of

liability for any such damage, unless such damage is caused by

the willful default or negligence of the Consultant or any Sub-

consultants or the Experts of either of them.

34. Change in the

Applicable Law

Related to Taxes

and Duties

34.1 If, after the date of this Contract, there is any change in the

applicable law in the Client’s country with respect to taxes and

duties which increases or decreases the cost incurred by the

Consultant in performing the Services, then the remuneration

and reimbursable expenses otherwise payable to the Consultant

under this Contract shall be increased or decreased accordingly

by agreement between the Parties hereto, and corresponding

adjustments shall be made to the Contract price amount

specified in Clause GCC 38.1

35. Services, Facilities

and Property of the

Client

35.1 The Client shall make available to the Consultant and the

Experts, for the purposes of the Services and free of any charge,

the services, facilities and property described in the Terms of

Reference (Appendix A) at the times and in the manner specified

in said Appendix A.



36. Counterpart Personnel

36.1 The Client shall make available to the Consultant free of charge

such professional and support counterpart personnel, to be

nominated by the Client with the Consultant’s advice, if

specified in Appendix A.

36.2 Professional and support counterpart personnel, excluding

Client’s liaison personnel, shall work under the exclusive

direction of the Consultant. If any member of the counterpart

personnel fails to perform adequately any work assigned to such

member by the Consultant that is consistent with the position

occupied by such member, the Consultant may request the

replacement of such member, and the Client shall not

unreasonably refuse to act upon such request.

37. Payment Obligation 37.1 In consideration of the Services performed by the Consultant

under this Contract, the Client shall make such payments to the

Consultant for the deliverables specified in Appendix A and in

such manner as is provided by GCC F below.

F. Payments to the Consultant

38. Contract Price 38.1 The Contract price is fixed and is set forth in the SCC. The

Contract price breakdown is provided in Appendix C.

38.2 Any change to the Contract price specified in Clause 38.1 can

be made only if the Parties have agreed to the revised scope

of Services pursuant to Clause GCC 16 and have amended in

writing the Terms of Reference in Appendix A.

39. Taxes and Duties 39.1 The Consultant, Sub-consultants and Experts are responsible

for meeting any and all tax liabilities arising out of the

Contract unless it is stated otherwise in the SCC.

39.2 As an exception to the above and as stated in the SCC, all

local identifiable indirect taxes (itemized and finalized at

Contract negotiations) are reimbursed to the Consultant or

are paid by the Client on behalf of the Consultant.

40. Currency of Payment

40.1 Any payment under this Contract shall be made in the

currency(ies) of the Contract.

41. Mode of Billing and Payment

41.1 The total payments under this Contract shall not exceed the

Contract price set forth in Clause GCC 38.1.



41.2 The payments under this Contract shall be made in lump-sum

installments against deliverables specified in Appendix A. The

payments will be made according to the payment schedule

stated in the SCC.

41.2.1 Advance payment: Unless otherwise indicated in the

SCC, an advance payment shall be made against an

advance payment bank guarantee acceptable to the

Client in an amount (or amounts) and in a currency

(or currencies) specified in the SCC. Such guarantee

(i) is to remain effective until the advance payment

has been fully set off, and (ii) is to be in the form set

forth in Appendix D, or in such other form as the

Client shall have approved in writing. The advance

payments will be set off by the Client in equal portions

against the lump-sum installments specified in the

SCC until said advance payments have been fully set

off.

41.2.2 The Lump-Sum Installment Payments. The Client shall

pay the Consultant within sixty (60) days after the

receipt by the Client of the deliverable(s) and the

cover invoice for the related lump-sum installment

payment. The payment can be withheld if the Client

does not approve the submitted deliverable(s) as

satisfactory in which case the Client shall provide

comments to the Consultant within the same sixty

(60) days period. The Consultant shall thereupon

promptly make any necessary corrections, and

thereafter the foregoing process shall be repeated.

41.2.3 The Final Payment .The final payment under this

Clause shall be made only after the final report l have

been submitted by the Consultant and approved as

satisfactory by the Client. The Services shall then be

deemed completed and finally accepted by the Client.

The last lump-sum installment shall be deemed

approved for payment by the Client within ninety (90)

calendar days after receipt of the final report by the

Client unless the Client, within such ninety (90)

calendar day period, gives written notice to the

Consultant specifying in detail deficiencies in the

Services, the final report. The Consultant shall



thereupon promptly make any necessary corrections,

and thereafter the foregoing process shall be

repeated. 41.2.4 All payments under this Contract

shall be made to the accounts of the Consultant

specified in the SCC.

41.2.4 With the exception of the final payment under 41.2.3

above, payments do not constitute acceptance of the

whole Services nor relieve the Consultant of any

obligations hereunder.

42. Interest on Delayed Payments

42.1 If the Client had delayed payments beyond fifteen (15) days

after the due date stated in Clause GCC 41.2.2 , interest shall

be paid to the Consultant on any amount due by, not paid on,

such due date for each day of delay at the annual rate stated

in the SCC.

G. Fairness and Good Faith

43. Good Faith 43.1 The Parties undertake to act in good faith with respect to

each other’s rights under this Contract and to adopt all

reasonable measures to ensure the realization of the

objectives of this Contract.

H. Settlement of Disputes

44. Amicable Settlement

44.1 The Parties shall seek to resolve any dispute amicably by

mutual consultation.

44.2 If either Party objects to any action or inaction of the other

Party, the objecting Party may file a written Notice of Dispute

to the other Party providing in detail the basis of the dispute.

The Party receiving the Notice of Dispute will consider it and

respond in writing within fourteen (14) days after receipt. If

that Party fails to respond within fourteen (14) days, or the

dispute cannot be amicably settled within fourteen (14) days

following the response of that Party, Clause GCC 45.1 shall

apply.

45. Dispute Resolution

45.1 Any dispute between the Parties arising under or related to

this Contract that cannot be settled amicably may be referred

to by either Party to the adjudication/arbitration in

accordance with the provisions specified in the SCC.



III. General Conditions

Attachment 1: Bank’s Policy – Corrupt and Fraudulent Practices

(The text in this Attachment 1 shall not be modified)

Guidelines for Selection and Employment of Consultants under IBRD Loans and IDA Credits &

Grants by World Bank Borrowers, dated January 2011:

“Fraud and Corruption

1.23 It is the Bank’s policy to require that Borrowers (including beneficiaries of Bank loans), consultants, and their agents (whether declared or not), sub-contractors, sub-consultants, service providers, or suppliers, and any personnel thereof, observe the highest standard of ethics during the selection and execution of Bank-financed contracts [footnote: In this context, any action taken by a consultant or any of its personnel, or its agents, or its sub-consultants, sub-contractors, services providers, suppliers, and/or their employees, to influence the selection process or contract execution for undue advantage is improper.]. In pursuance of this policy, the Bank:

(a) defines, for the purposes of this provision, the terms set forth below as follows:

i. “corrupt practice” is the offering, giving, receiving, or soliciting, directly or indirectly, of

anything of value to influence improperly the actions of another party17;

ii. “fraudulent practice” is any act or omission, including misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, a party to obtain financial or other benefit or to avoid an obligation18;

iii. “collusive practices” is an arrangement between two or more parties designed to achieve an improper purpose, including to influence improperly the actions of another party19;

iv. “coercive practices” is impairing or harming, or threatening to impair or harm,

directly or indirectly, any party or the property of the party to influence

improperly the actions of a party20;

17 For the purpose of this sub-paragraph, “another party” refers to a public official acting in relation to the selection process or contract execution. In this context “public official” includes World Bank staff and employees of other organizations taking or reviewing selection decisions.

18 For the purpose of this sub-paragraph, “party” refers to a public official; the terms “benefit” and “obligation” relate to the selection process or contract execution; and the “act or omission” is intended to influence the selection process or contract execution.

19 For the purpose of this sub-paragraph, “parties” refers to participants in the procurement or selection process (including public officials) attempting either themselves, or through another person or entity not participating in the procurement or selection process, to simulate competition or to establish prices at artificial, non-competitive levels, or are privy to each other’s bid prices or other conditions.

20 For the purpose of this sub-paragraph, “party” refers to a participant in the selection process or contract execution.



v. “obstructive practice” is

(aa) deliberately destroying, falsifying, altering, or concealing of evidence

material to the investigation or making false statements to investigators in

order to materially impede a Bank investigation into allegations of a

corrupt, fraudulent, coercive, or collusive practice; and/or threatening,

harassing, or intimidating any party to prevent it from disclosing its

knowledge of matters relevant to the investigation or from pursuing the

investigation, or

(bb) acts intended to materially impede the exercise of the Bank’s inspection

and audit rights;

(b) will reject a proposal for award if it determines that the consultant recommended for

award or any of its personnel, or its agents, or its sub-consultants, sub-contractors,

services providers, suppliers, and/or their employees, has, directly or indirectly,

engaged in corrupt, fraudulent, collusive, coercive, or obstructive practices in

competing for the contract in question;

(c) will declare misprocurement and cancel the portion of the Loan allocated to a contract

if it determines at any time that representatives of the Borrower or of a recipient of

any part of the proceeds of the Loan were engaged in corrupt, fraudulent, collusive,

coercive, or obstructive practices during the selection process or the implementation

of the contract in question, without the Borrower having taken timely and appropriate

action satisfactory to the Bank to address such practices when they occur, including by

failing to inform the Bank in a timely manner they knew of the practices;

(d) will sanction a firm or an individual at any time, in accordance with prevailing Bank’s

sanctions procedures21, including by publicly declaring such firm or an ineligible, either

indefinitely or for a stated period of time: (i) to be awarded a Bank-financed contract,

and (ii) to be a nominated22 sub-consultant, supplier, or service provider of an

otherwise eligible firm being awarded a Bank-financed contract.

21 A firm or an individual may be declared ineligible to be awarded a Bank-financed contract upon (i) completion of the Bank’s sanctions proceedings as per its sanctions procedures, including inter alia: cross-debarment as agreed with other International Financial Institutions, including Multilateral Development Banks, and through the application of the World Bank Group corporate administrative procurement sanctions procedures for fraud and corruption; and (ii) as a result of temporary suspension or early temporary suspension in connection with an ongoing sanctions proceedings. See footnote 12 and paragraph 8 of Appendix 1 of these Guidelines.

22 A nominated sub-consultant, supplier, or service provider is one which has been either (i) included by the consultant in its proposal because it brings specific and critical experience and know-how that are accounted for in the technical evaluation of the consultant’s proposal for the particular services; or (ii) appointed by the Borrower.



IV. Special Conditions of Contract

Number of GC

Clause

Amendments of, and Supplements to, Clauses in the General Conditions of

Contract

1.1(b) and 3.1 The Contract shall be construed in accordance with the law of Nepal.

4.1 The language is English.

6.1 and 6.2 The addresses are:

Client :

Department of Hydrology and Meteorology





Attention :


Consultant :

Attention :

Facsimile :

E-mail (where permitted) :

8.1

[If the Consultant consists only of one entity, state “N/A”;

OR

If the Consultant is a Joint Venture consisting of more than one entity, the

name of the JV member whose address is specified in Clause SCC6.1 should

be inserted here. ]

The Lead Member on behalf of the JV is___________

______________________________[insert name of the member]




9.1 The Authorized Representatives are:

For the Client:

BRCH Project, Department of Hydrology and Meteorology, Kathmandu,

Nepal

For the Consultant: [name, title]

11.1 The effectiveness conditions are the following: Not Applicable

12.1 Termination of Contract for Failure to Become Effective:

The time period shall be Two ( 2) months

13.1 Commencement of Services:

The number of days shall be Fourteen (14) days

Confirmation of Key Experts’ availability to start the Assignment shall be

submitted to the Client in writing as a written statement signed by each Key

Expert.

14.1 Expiration of Contract:

The time period shall be Nine (9) months.

21 b. The Client reserves the right to determine on a case-by-case basis whether

the Consultant should be disqualified from providing goods, works or non-

consulting services due to a conflict of a nature described in Clause GCC

21.1.3

23.1 No additional provisions.

24.1

The insurance coverage against the risks shall be as follows:

a) Professional liability insurance, with a minimum coverage 1.5 times of

contract amount in the currencies as specified in the contract.

(b) Third Party motor vehicle liability insurance in respect of motor

vehicles operated in the Client’s country by the Consultant or its

Experts or Sub-consultants, with a minimum coverage of NPR 0.5

million.



(c) Third Party liability insurance, with a minimum coverage of NPR 1

million.

(d) Employer’s liability and workers’ compensation insurance in respect of

the experts and Sub-consultants in accordance with the relevant

provisions of the applicable law in the Client’s country, as well as, with

respect to such Experts, any such life, health, accident, travel or other

insurance as may be appropriate; and

(e) Insurance against loss of or damage to (i) equipment purchased in

whole or in part with funds provided under this Contract, (ii) the

Consultant’s property used in the performance of the Services, and

(iii) any documents prepared by the Consultant in the performance of

the Services.

27.2 The Consultant shall not use these documents and software for purposes

unrelated to this Contract without the prior written approval of the Client.

32.1(f) At the request of the Consultant, the DHM shall provide the following

documents as listed in TOR.

- Information for all project objectives, including the information on

status of observation networks, current climate services and

information on ongoing development in DHM and the documentation

prepared by Meteorological and Climate Service Experts (MCSE)

within BRCH project

- Project Appraisal Document (PAD) and other World Bank materials,

related to consultancy service;

- Information on present stakeholder’s of DHM

38.1 The Contract price is ……………………exclusive of VAT

Consultant or its sub-consultant or experts or any employee or other person

associated with the assignment shall aware of taxation provisions prevailing

as per law of Nepal.

Consultant need to aware of details of prevailing taxing provisions and need

to comply with. Information regarding taxation provisions are availed from

concerned Inland Revenue Office or Tax Payer Service Center of Inland

Revenue Department or from-www.ird.gov.np

Any indirect local taxes chargeable in respect of this Contract for the



Services provided by the Consultant shall be paid by Client.

The amount of such taxes is ____________________ [insert the amount as

finalized at the Contract’s negotiations on the basis of the estimates

provided by the Consultant in Form FIN-2 of the Consultant’s Financial

Proposal.

41.2 The payment schedule:

1st payment: 15 percent after submission and approval of Inception Report,

2nd payment: 35 percent after submission and approval of Progress report

3rd payment: 40 percent after submission of Final Report and Action plan

Final payment: 10 percent after the acceptance of Final Report and Action

plan.

41.2.1 The advance payment could be in either the foreign currency, or the local

currency, or both. The advance bank payment guarantee should be in the

same currency(ies)

Bank Guarantee shall be released after full and final acceptance of final

report and well-functioning system

41.2.4 The accounts are:

for foreign currency: [insert account].

for local currency: [insert account].

42.1 The interest rate is: 4% per annum for foreign currency and 8%per annum

for local currency

45.1

Disputes shall be settled by arbitration in accordance with the following

provisions:

1. Selection of Arbitrators. Each dispute submitted by a Party to

arbitration shall be heard by a sole arbitrator or an arbitration panel

composed of three (3) arbitrators, in accordance with the following

provisions:

(a) Where the Parties agree that the dispute concerns a technical

matter, they may agree to appoint a sole arbitrator or, failing

agreement on the identity of such sole arbitrator within thirty



(30) days after receipt by the other Party of the proposal of a

name for such an appointment by the Party who initiated the

proceedings, either Party may apply to Federation

Internationale des Ingenieurs-Conseil (FIDIC) of Lausanne,

Switzerland for a list of not fewer than five (5) nominees and, on

receipt of such list, the Parties shall alternately strike names

there from, and the last remaining nominee on the list shall be

the sole arbitrator for the matter in dispute. If the last

remaining nominee has not been determined in this manner

within sixty (60) days of the date of the list, Federation

Internationale des Ingenieurs-Conseil (FIDIC) of Lausanne,

Switzerland shall appoint, upon the request of either Party and

from such list or otherwise, a sole arbitrator for the matter in

dispute.

(b) Where the Parties do not agree that the dispute concerns a

technical matter, the Client and the Consultant shall each

appoint one (1) arbitrator, and these two arbitrators shall jointly

appoint a third arbitrator, who shall chair the arbitration panel.

If the arbitrators named by the Parties do not succeed in

appointing a third arbitrator within thirty (30) days after the

latter of the two (2) arbitrators named by the Parties has been

appointed, the third arbitrator shall, at the request of either

Party, be appointed by the Secretary General of the Permanent

Court of Arbitration, The Hague.

(c) If, in a dispute subject to paragraph (b) above, one Party fails to

appoint its arbitrator within thirty (30) days after the other Party

has appointed its arbitrator, the Party which has named an

arbitrator may apply to the Secretary General of the Permanent

Court of Arbitration, The Hague to appoint a sole arbitrator for

the matter in dispute, and the arbitrator appointed pursuant to

such application shall be the sole arbitrator for that dispute.

2. Rules of Procedure. Except as otherwise stated herein, arbitration

proceedings shall be conducted in accordance with the rules of procedure

for arbitration of the United Nations Commission on International Trade

Law (UNCITRAL) as in force on the date of this Contract.

3. Substitute Arbitrators. If for any reason an arbitrator is unable to

perform his/her function, a substitute shall be appointed in the same



manner as the original arbitrator.

4. Nationality and Qualifications of Arbitrators. The sole arbitrator or the

third arbitrator appointed pursuant to paragraphs 1(a) through 1(c)

above shall be an internationally recognized legal or technical expert

with extensive experience in relation to the matter in dispute and shall

not be a national of the Consultant’s home country [If the Consultant

consists of more than one entity, add: or of the home country of any

of their members or Parties]or of the Government’s country. For the

purposes of this Clause, “home country” means any of:

(a) the country of incorporation of the Consultant [If the Consultant

consists of more than one entity, add: or of any of their

members or Parties]; or

(b) the country in which the Consultant’s [or any of their members’

or Parties’] principal place of business is located; or

(c) the country of nationality of a majority of the Consultant’s [or of

any members’ or Parties’] shareholders; or

(d) the country of nationality of the Sub-consultants concerned,

where the dispute involves a subcontract.

5. Miscellaneous. In any arbitration proceeding hereunder:

(a) proceedings shall, unless otherwise agreed by the Parties, be

held in Singapore

(b) the English language shall be the official language for all

purposes; and

(c) the decision of the sole arbitrator or of a majority of the

arbitrators (or of the third arbitrator if there is no such majority)

shall be final and binding and shall be enforceable in any court

of competent jurisdiction, and the Parties hereby waive any

objections to or claims of immunity in respect of such

enforcement.



V. Appendices

Appendix A – Terms of Reference

[This Appendix shall include the final Terms of Reference (TORs) worked out by the Client and the

Consultant during the negotiations; dates for completion of various tasks; location of performance

for different tasks; detailed reporting requirements and list of deliverables against which the

payments to the Consultant will be made; Client’s input, including counterpart personnel assigned

by the Client to work on the Consultant’s team; specific tasks or actions that require prior approval

by the Client.

Insert the text based on the Section 7 (Terms of Reference) of the ITC in the RFP and modified

based on the Forms TECH-1 through TECH-5 of the Consultant’s Proposal. Highlight the changes to

Section 7 of the RFP]

………………………………………………………………………………………………

Appendix B - Key Experts

[Insert a table based on Form TECH-6 of the Consultant’s Technical Proposal and finalized at the

Contract’s negotiations. Attach the CVs (updated and signed by the respective Key Experts)

demonstrating the qualifications of Key Experts.]

……………………………………………………………………………………………………

Appendix C – Breakdown of Contract Price

[Insert the table with the unit rates to arrive at the breakdown of the lump-sum price. The table

shall be based on [Form FIN-3 and FIN-4] of the Consultant’s Proposal and reflect any changes

agreed at the Contract negotiations, if any. The footnote shall list such changes made to [Form FIN-

3 and FIN-4] at the negotiations or state that none has been made.]



When the Consultant has been selected under Quality-Based Selection method, also add the

following:

“The agreed remuneration rates shall be stated in the attached Model Form I. This form shall be

prepared on the basis of Appendix A to Form FIN-3 of the RFP “Consultants’ Representations

regarding Costs and Charges” submitted by the Consultant to the Client prior to the Contract’s

negotiations.

Should these representations be found by the Client (either through inspections or audits

pursuant to Clause GCC 25.2 or through other means) to be materially incomplete or inaccurate,

the Client shall be entitled to introduce appropriate modifications in the remuneration rates

affected by such materially incomplete or inaccurate representations. Any such modification shall

have retroactive effect and, in case remuneration has already been paid by the Client before any

such modification, (i) the Client shall be entitled to offset any excess payment against the next

monthly payment to the Consultants, or (ii) if there are no further payments to be made by the

Client to the Consultants, the Consultants shall reimburse to the Client any excess payment within

thirty (30) days of receipt of a written claim of the Client. Any such claim by the Client for

reimbursement must be made within twelve (12) calendar months after receipt by the Client of a

final report and a final statement approved by the Client in accordance with Clause GCC 45.1(d) of

this Contract.”]



Model Form I

Breakdown of Agreed Fixed Rates in Consultant’s Contract

We hereby confirm that we have agreed to pay to the Experts listed, who will be involved in performing the Services, the basic fees and away from the home office allowances (if applicable) indicated below:

(Expressed in [insert name of currency])*

Experts 1 2 3 4 5 6 7 8

Name Position

Basic

Remuneration

rate per

Working

Month/Day/Year

Social

Charges1 Overhead1 Subtotal Profit2

Away from

Home Office

Allowance

Agreed Fixed Rate

per Working

Month/Day/Hour

Agreed Fixed Rate

per Working

Month/Day/Hour1

Home Office

Work in the Client’s

Country

1 Expressed as percentage of 1

2 Expressed as percentage of 4

* If more than one currency, add a table

__________________________________________ ___________________________________

Signature Date

Name and Title:



Appendix D - Form of Advance Payments Guarantee

[See Clause GCC 41.2.1 and SCC 41.2.1]

{Guarantor letterhead or SWIFT identifier code}

Bank Guarantee for Advance Payment

Guarantor:___________________ [insert commercial Bank’s Name, and Address of Issuing Branch

or Office]

Beneficiary: _________________ [insert Name and Address of Client]

Date: ____________[insert date]____

We have been informed that ____________ [name of Consultant or a name of the Joint Venture,

same as appears on the signed Contract] (hereinafter called "the Consultant") has entered into

Contract No. _____________ [reference number of the contract] dated ___[insert date]_________

with the Beneficiary, for the provision of __________________ [brief description of Services]

(hereinafter called "the Contract").

Furthermore, we understand that, according to the conditions of the Contract, an advance

payment in the sum of ___________ [insert amount in figures] () [amount in words] is to be made

against an advance payment guarantee.

At the request of the Consultant, we, as Guarantor, hereby irrevocably undertake to pay the

Beneficiary any sum or sums not exceeding in total an amount of ___________ [amount in figures]

() [amount in words]1 upon receipt by us of the Beneficiary’s complying demand supported by the

Beneficiary’s a written statement, whether in the demand itself or in a separate signed document

accompanying or identifying the demand, stating that the Consultant is in breach of their

obligation under the Contract because the Consultant:

(a) has failed to repay the advance payment in accordance with the Contract conditions,

specifying the amount which the Consultant has failed to repay;

(b) has used the advance payment for purposes other than toward providing the Services under

the Contract.

1 The Guarantor shall insert an amount representing the amount of the advance payment and denominated either

in the currency(ies) of the advance payment as specified in the Contract, or in a freely convertible currency

acceptable to the Client.



It is a condition for any claim and payment under this guarantee to be made that the advance

payment referred to above must have been received by the Consultant on their account number

___________ at _________________ [name and address of bank].

The maximum amount of this guarantee shall be progressively reduced by the amount of the

advance payment repaid by the Consultant as indicated in certified statements or invoices marked

as “paid” by the Client which shall be presented to us. This guarantee shall expire, at the latest,

upon our receipt of the payment certificate or paid invoice indicating that the Consultant has

made full repayment of the amount of the advance payment, or on the __ day of

_[month]__________, [year]__,2 whichever is earlier. Consequently, any demand for payment

under this guarantee must be received by us at this office on or before that date.

This guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010 revision, ICC

Publication No. 758.

_____________________

[signature(s)]

{Note: All italicized text is for indicative purposes only to assist in preparing this form and shall be

deleted from the final product.}

2 Insert the expected expiration date. In the event of an extension of the time for completion of the Contract, the

Client would need to request an extension of this guarantee from the Guarantor. Such request must be in writing

and must be made prior to the expiration date established in the guarantee. In preparing this guarantee, the

Client might consider adding the following text to the form, at the end of the penultimate paragraph: “The

Guarantor agrees to a one-time extension of this guarantee for a period not to exceed [six months][one year], in

response to the Client’s written request for such extension, such request to be presented to the Guarantor before

the expiry of the guarantee.”

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